Ms Debbie Mace v ASDA Stores Ltd Record of an Open Preliminary Hearing by CVP at the Employment Tribunal — 2025

Ms Mace, who has been employed by ASDA Stores Ltd since 1 June 2007, brought direct sex discrimination complaints arising from a March 2023 occupational health referral, the handling of her grievance, and the October 2023 grievance outcome. Employment Judge Hutchinson sat alone at a preliminary hearing on 21 November 2024 and recorded that the claim was listed for a 3-day final hearing in December 2025, which was cancelled after the strike-out decision.

The tribunal accepted that the occupational health referral contained a background reference to Ms Mace having a large family with 10 children, but found that the referral mainly addressed her medical condition, her day-to-day functioning, likely return to work, and possible support and adjustments. It noted that the health and welfare meeting on 20 February 2023 did not discuss her status as a mother, and that the occupational health report itself did not refer to her family. The judge held that the reference to her family and children could not amount to detrimental treatment or less favourable treatment, and there was no basis on which a hypothetical male comparator in similar circumstances would have been treated differently.

On the allegation that Jenny Bowen lied during the grievance investigation, the tribunal held that the grievance materials and outcome letter did not support the case that Ms Bowen had falsely denied including the disputed comment. The judge said there was a clear distinction between the allegation advanced in the grievance and the separate allegation that the referral itself referred to Ms Mace’s children, and concluded that even if a lie were proved, it would not amount to sex-based less favourable treatment on the facts found.

The tribunal also rejected the complaint that the grievance officer failed to investigate properly by not accessing the referral itself. It found that Mr Higton held an extensive grievance meeting, dealt with each allegation, and considered the issue about the children, and that his decision to reject the grievance in October 2023 was based on a lack of evidence to substantiate the allegations. Applying section 13 and section 136 of the Equality Act 2010 and the strike-out test in Rule 37 of the Employment Tribunal Rules of Procedure 2013, the tribunal held that none of the allegations had any reasonable prospect of success and struck out the sex discrimination claims.