Mrs GA Fields v B&Q Limited — 2019

The claimant resigned after seeing a return-to-work rota that included Thursday and Sunday shifts after her third period of maternity leave. She said she could not work Thursdays because of university studies and Sundays because of childcare. The tribunal found she was contractually required to work 16 hours Monday to Sunday and had not proved an implied contractual entitlement to her previous pattern.

The tribunal found that the Thursday rota entry was probably an oversight and that the Sunday rota entry reflected the claimant's previous willingness to work Sundays. It found that, if the claimant had asked for the rota to be changed, the respondent would probably have accommodated the request, as it had done previously. It also found she had the statutory right to opt out of Sunday working.

For the section 18 claim, the tribunal found that being asked to work a different rota was not unfavourable treatment, although inaccurate information from Mr Hoskin about flexible working could amount to unfavourable treatment. It found that this was a genuine mistake and not because of pregnancy or maternity leave. The tribunal also found no maternity-related detriment and no relevant provision, criterion or practice requiring Sunday working for the indirect sex discrimination claim. The constructive dismissal claim failed because there was no repudiatory breach of contract or breach of the implied term of trust and confidence.