Miss J Hodkinson v B & R Care Limited — 2024

The tribunal held that several allegations of pregnancy discrimination under section 18 Equality Act 2010 were well-founded. These included not arranging a risk assessment after the claimant informed the respondent she was pregnant, cancelling training arranged for 21 August 2022, dismissing her on 19 August 2022 for failing probation and not completing training which the respondent had cancelled, and specified failures relating to the ACAS Code.

A further pregnancy discrimination allegation about written notification of possible dismissal, written confirmation of the matters to be considered, and the opportunity to be accompanied was not well-founded and failed. The tribunal also held that the automatic unfair dismissal claim under section 99 Employment Rights Act 1996 succeeded because the principal reason for dismissal was pregnancy.

The tribunal found indirect discrimination under section 19 Equality Act 2010. It found that the respondent had a PCP requiring employees to attend work-related meetings on non-working days and/or in their own time, that this put female workers who are more likely to have childcare responsibilities at a substantial disadvantage and put the claimant at that disadvantage, and that the respondent did not show the PCP was a proportionate means of achieving a legitimate aim. Remedy was reserved for a later hearing.