Members: Mr IC MacFarlane Ms N Bakshi Ms Rosalynn Robertson v Represented by: Mr S Healey Solicitor Blue Sky Autism Project and 4 others — 2017

Ms Robertson was employed by the first respondent on a fixed-term contract from 1 March 2015 as a trainee developmental/behavioural therapist. The tribunal found that the first respondent was a small charity dependent on client income and grant funding, that the claimant told the second respondent she was pregnant in late July 2015, and that her hours were later reduced and then the claimant was offered a further fixed-term contract on 9 December 2015, subject to completing PRT Level 2 fidelity. The claimant later brought forward her maternity leave after advising that she was no longer fit for work.

The tribunal rejected the automatic unfair dismissal case under ss.99 and 104 ERA 1996 and the pregnancy discrimination claim under s.18 EqA 2010. It found that in January 2016 the first respondent had been advised to reduce labour costs, that the claimant's contract was simply the next fixed-term contract due for renewal, and that the non-renewal was caused by limited funding, reduced client numbers and the need to cut costs. It accepted that the dispute over paid antenatal time off was about the amount payable rather than entitlement to attend, and that there was no basis for finding that pregnancy, maternity leave or assertion of a statutory right affected the decision.

The direct sex discrimination claim was withdrawn during submissions, although the final order nonetheless records sex discrimination as dismissed. On the contractual issue, the tribunal held that the payment covering 18 to 22 January 2016 was an ex gratia or goodwill payment linked to the claimant starting maternity leave early, not one week's notice pay. It therefore found the first respondent in breach of contract for failing to pay notice and ordered payment of £184.