Mrs N Craven v Wirksworth Swimming Pool — 2022

Mrs N Craven was employed by Wirksworth Swimming Pool as a Level 2 Swimming Teacher from 18 February 2015 until her dismissal on 18 January 2019. The tribunal found that she had taken maternity leave from 1 March 2017 to 7 December 2017. It accepted the respondent's evidence that, before maternity leave, she replied to a request for expressions of interest in promotion by saying she was not in the best position to take up the role because she would be off after March for a few months; the copy later relied on by the claimant had been amended to add that she wanted to put her name forward.

On the first aid course allegation, the tribunal found that the claimant had been booked to attend a course on 11 December 2017 but did not attend, wrongly claimed payment for attending it, and placed a fabricated certificate in her employee file. It accepted the respondent's evidence about the later audit in November 2018 and the disciplinary process that followed. Applying British Homes Stores Ltd v Burchell and s.98(4) ERA 1996, the tribunal held that the respondent honestly believed the misconduct, had reasonable grounds for that belief, and carried out a reasonable investigation.

The unfair dismissal claim under s.98 ERA 1996 and the automatic unfair dismissal claim under s.99 ERA 1996 were both dismissed because the tribunal found the reason for dismissal was gross misconduct. The pregnancy and maternity discrimination complaint was dismissed on the facts and was also found to be out of time under s.123 EqA 2010, with no basis for a just and equitable extension. The direct sex discrimination claim also failed: the tribunal found no prima facie evidence of discrimination, was unsure what comparator was relied on, and concluded that the claimant's case depended on documents and assertions it did not accept. The tribunal also found that conversations about whether the claimant would have more children were not sinister and were not discriminatory.