Mrs Q Anderson v London Underground Ltd Heard by: Remote video (CVP) — 2023

Mrs Q Anderson brought a claim of direct pregnancy discrimination under section 18 Equality Act 2010 arising from events connected with her successful application for a Train Manager secondment. The tribunal found that she told the respondent she was pregnant in August 2021, was moved to alternative duties, and was later offered a West Ruislip secondment that could not start immediately because the incumbent Train Manager could not be released into his new role until training arrangements allowed it. The tribunal also recorded that an application to add a further allegation about a different secondment was refused because it was a new claim raised late, and would have required a postponement and further disclosure.

On the pleaded particulars, the tribunal found no unfavourable treatment in issue 2.1.1 because Ms McManus did not tell the claimant that she would not qualify in time before maternity leave. It also found that Ms McManus's enquiries in issue 2.1.2 were not outside normal practice and were not unfavourable treatment. The tribunal found that the failure to confirm a January 2022 start date in issue 2.1.3 was unfavourable treatment, but not because of pregnancy, and that the refusal to let the claimant swap to Earls Court in issue 2.1.4 was not unfavourable treatment and was driven by the respondent's secondment policy and business needs.

The tribunal further found that the claimant's training requests were not ignored in issue 2.1.5, there was no refusal to allow her to start while the person she was replacing remained in post in issue 2.1.6, and that the withdrawal of the West Ruislip secondment on 20 January 2022 in issue 2.1.7 was unfavourable treatment but was not because of pregnancy or maternity leave. On issue 2.1.8, the tribunal held that there was no requirement for a monthly pregnancy risk assessment and no unfavourable treatment in January 2022.

On issue 2.1.9, the tribunal accepted that lower-scoring male Train Operators had been offered secondments before the claimant, but it found that she first learned this on 24 January 2022. It concluded the complaint was out of time, extended time under section 123 Equality Act 2010, and then found that the explanation was the recruitment crisis and the need to fill Train Manager roles quickly rather than pregnancy. The claim was therefore dismissed in full and no remedy was awarded.