In person For the v Mr M Howson (senior litigation consultant) — 2021

The claimant worked for the respondent from 4 April 2016 and began maternity leave on 20 November 2017. After a return-to-work discussion in February 2018 and further exchanges in July and August 2018, she requested annual leave at the end of maternity leave and also raised flexible working. The tribunal found that Mr Holt's email of 16 August 2018 presented her with a closed choice between returning to work earlier than intended or taking the full 52 weeks of maternity leave, and that this was unfavourable treatment because she was exercising the right to maternity leave within section 18 of the Equality Act 2010.

The tribunal rejected the claimant's other maternity discrimination allegations. It found no agreement had been reneged on in relation to annual leave, no discriminatory basis for the 22 November 2018 disciplinary warning, no evidence that Ms Giddens had been promoted over the claimant, and no proof that the respondent's conduct had made the claimant unwell or prevented her return to work. The alternative direct sex discrimination case also failed because there was no evidence of less favourable treatment of a male comparator. The tribunal treated the 16 August 2018 act as the only successful discrimination complaint.

Although the 16 August 2018 act was outside the primary three-month time limit, the tribunal extended time as just and equitable. It took into account the claimant's pregnancy and post-natal difficulties, her surgery and sickness, and the fact that Mr Holt had retired and Mr John Thompson had died by the time of the hearing, which disadvantaged the respondent. For remedy, the tribunal found that, absent the discrimination, the claimant would most likely have taken a short period of unpaid maternity leave until 3 September 2018, then 15 days annual leave, and returned on 24 September 2018 to work two days per week. That produced financial loss of £1,899, plus £5,000 for injury to feelings, with interest of £185 on the financial loss and £979 on injury to feelings, giving a discrimination award of £8,063.

The separate claim for statutory sick pay succeeded. The claimant had fit notes covering 16 November 2018 to 14 December 2018 and 21 December 2018 to 18 January 2019, and the tribunal found that late notification should have been accepted because of her health issues. The award for unlawful deduction from wages was £715, with no interest. The tribunal made no order for pay in lieu of untaken annual leave while the claimant remained employed, but recorded the respondent's acceptance that such leave would be payable on termination.