Case 8000168/2023 · Employment Tribunal
E.T. Z (WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8000168/2023 (V)5 Held at Aberdeen on July 2023 Employment Judge N M Hosie Members: S Singh J Lindsay Miss L Ralston
Miss Ralston, a Nursing Assistant employed by Corporate Health International UK Ltd, went on maternity leave on 14 July 2022. While on maternity leave she discovered that she had been removed from access to her work e-mails and Teams, and she also said she had not been kept informed about a Christmas lunch and an office move. The tribunal accepted the evidence of Dr Miller that the restriction on Teams was intended only to remove patient-related communications for confidentiality reasons, and that the loss of e-mail and Teams access was an error. It found that any unfavourable treatment was not because of pregnancy or maternity leave and dismissed the pregnancy/maternity discrimination claim.
The tribunal also considered the claimant's complaint that the respondent had unreasonably refused her flexible working request. The claimant sought to return on a part-time basis, with home working and only Glasgow clinics. Dr Miller agreed to part-time work but said she could not guarantee that the claimant would be limited to Glasgow clinics because the role required clinic cover and the work could not be reorganised in that way. The tribunal accepted that the respondent had considered the request carefully, including speaking to another Nursing Assistant about whether she would take the out-of-Glasgow clinics.
Applying s.80G of the Employment Rights Act 1996, the tribunal found that the respondent had dealt with the application in a reasonable manner and had a valid business reason for refusing the requested guarantee, namely an inability to re-organise work among existing staff. It noted that the claimant was still in discussion with Dr Miller when she contacted ACAS and that the exchanges were generally positive, but held that the refusal was not unreasonable. Both claims were dismissed and no monetary award was made.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Pregnancy and maternity discrimination | The tribunal accepted that the claimant was treated unfavourably when she was denied access to her work Teams and e-mails and was not invited to the Christmas lunch, but it found this was due to an administrative error and confidentiality restrictions, not because of her pregnancy or maternity leave. It was not satisfied that the office-move communication amounted to unfavourable treatment. | Dismissed | Pregnancy and maternity | — |
| Flexible working | The tribunal found the respondent dealt with the claimant's flexible working application in a reasonable manner, agreed to part-time working, and lawfully refused the request for a guarantee that she would work only in Glasgow clinics. It accepted the reason was an inability to reorganise work among existing staff, which was a valid business reason under s.80G(1)(b). | Dismissed | — | — |
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