Mrs F Paton Ms S Jones Ms A M Milligan v Represented by Ms A Bowman - Trainee Solicitor Scottish Water — 2019

The claimant, Ms A M Milligan, returned from maternity leave on 7 January 2019 and was placed in Scottish Water Delivery under EP following an internal review that reduced reliance on agency workers and redistributed project portfolios. She said the respondent should have consulted her before the change and that she had not been allowed to return to the role she had held before maternity leave. The tribunal accepted that the claimant was credible, but also accepted the evidence of Ms Innes and Mr Crawford that the review was driven by business needs and that PPC work remained the same generic role before and after maternity leave.

On the consultation point, the tribunal found that none of the planners were consulted about the portfolio changes because changes between delivery vehicles were treated as part of the PPC role, unlike a restructure requiring individual consultation. It found that the claimant would have been told of the changes even if she had not been on maternity leave, and that any difference was only that she received the information by telephone rather than by email while away from work. The tribunal therefore held that the failure to consult was not unfavourable treatment.

On the alleged change in role, the tribunal found that the claimant remained a PPC before and after maternity leave and that the work in different delivery vehicles varied only in the balance of tasks and portfolio composition. It did not accept that she had been moved into a different job, or that she was required to take over FM's full portfolio. The tribunal also found that any later change, including the move back to IDP in June 2019, was prompted by concern for the claimant's health and personal pressures rather than by maternity leave. The claim under the Equality Act was therefore dismissed in full.