In person For the v Respondent — 2022

This was a claim under s.18 Equality Act 2010 for unfavourable treatment because of pregnancy and/or maternity leave arising out of London Heathrow Airports Limited's consultation over contractual changes during the claimant's maternity leave. The tribunal applied the s.123 limitation rules and held that events before 2 November 2020 were out of time unless part of a continuing act; it heard evidence from the claimant, her husband, Richard White and Mr Austin.

Most allegations failed. The tribunal found that the respondent had attempted to communicate with the claimant by letter and email about the proposed changes, that some correspondence went astray, that one postal letter was misaddressed by one digit, and that the respondent did not know she had lost access to her work email after changing her phone. It held that the failures complained of at paragraphs 2.1 to 2.10 were not unfavourable treatment because of maternity leave, and that the respondent's failure to offer an exit interview was not made out.

The claim succeeded only in two respects. On 7 December 2020 John Tonner did not reply to the claimant's email explaining that she had not received the relevant information and could not attend a meeting at short notice because of childcare difficulties; the tribunal found that this was unfavourable treatment because she was exercising maternity leave and that the respondent had not displaced the inference of discrimination. On 8 December 2020 Richard White sent a letter assuming that she would choose the lump-sum buyout option, which the tribunal also found to be unfavourable treatment because of maternity leave. Those successful acts occurred after 2 November 2020 and were within time. Injury to feelings was assessed in the lower Vento band at £3,500, with simple interest of £436 from 7 December 2020, making a total award of £3,936; no ACAS uplift or recommendation was made.