Victimisation, Maternity Rights, Unfair Dismissal
The claimant was a trainee Social Worker who went on Maternity Leave before she could complete the full first-year training and assessment. She suffered from fibromyalgia, which was recognised as a disability. She had brought earlier proceedings in the ET which were successful in part. Prior to her return to work she sought access to training courses but was erroneously sent an out-of-date list. However, she was subsequently invited to contact the training department direct. The ET held that no maternity discrimination arose, on the facts, and the EAT held that this was a conclusion the ET was entitled to reach.
The ET did find that the cancellation of an appointment for the fitting of a chair required as part of reasonable adjustments to assist with her disability was an act of victimisation. However, it held that the refusal by the same manager to allow the claimant access to the workplace and IT facilities was not. The EAT held that the ET had not adequately explained the distinction between the two matters and remitted them for redetermination.
Whilst on leave issues had arisen concerning allegedly fraudulent housing benefit claims some of which involved the respondent as a landlord. Issues also arose regarding incomplete and inaccurate information on the DBS form which she had been required to complete before taking up employment. She was suspended and eventually dismissed following an investigation. Her claims of discrimination in relation to the process were rejected by the ET, and the EAT rejected the assertion that the ET had erred in law. Given the gravity of the allegations, and the sensitivity of the claimant’s duties, suspension was inevitable and the ET’s conclusions regarding the fairness of the investigation and disciplinary process were ones which it was entitled to make.
Judges:
His Honour Judge Martyn Barklem
Citations:
[2022] EAT 46
Links:
Jurisdiction:
England and Wales
Employment
Updated: 07 August 2022; Ref: scu.679859