Miss H Ballerino v The Racecourse Association Limited — 2021

The claimant was employed as a part-time Financial Accountant and was on maternity leave when her employment ended. The tribunal found that the new Finance Manager and Business Analyst role was not a suitable available vacancy for the claimant's existing role, and dismissed the section 99 unfair dismissal claim advanced by reference to maternity-leave redundancy protections.

The tribunal dismissed the direct sex discrimination and pregnancy and maternity discrimination claims. It found that the matters relied on by the claimant, including arrangements around office attendance, workload, consultation, the new role, grievance handling and access to systems, did not amount to unlawful sex or pregnancy and maternity discrimination.

The tribunal upheld the pay claims to the extent that the respondent had failed to pay holiday pay and notice pay due on termination. It did not determine a final monetary remedy in the liability judgment and referred remedy issues to a later hearing.