A woman on maternity leave was unfavourably treated, but not discriminated against, when her employer sent an important email regarding redundancy plans to an email address she could not access, the Employment Appeal Tribunal (EAT) ruled.
Mrs Pease began her maternity leave in March 2016 and planned to return to work on 3 January 2017. However, on 26 July 2016, Mrs Pease attended a staff meeting detailing plans for potential redundancies, despite being on maternity leave at the time. Mrs Pease, alongside other employees, were then put on the ‘At-Risk’ Register, and on the 28 July 2016, was sent an email regarding redeployment. Mrs Pease, however, was not accessing her work emails and therefore did not receive the email.
On the 4 August 2016, she phoned the HR Department and was resent the form via her home email address and returned it complete the same day. Despite this, Mrs Pease’s employment was eventually terminated by reason of redundancy.
Mrs Pease claimed unfair dismissal and alleged to discrimination on maternity grounds under section 18(4) of the Equality Act 2010. A Leeds tribunal ruled Pease was unfavourably treated because she had exercised her right to take maternity leave. The judge found that her inability to access work emails “left her in ignorance of three job opportunities” and meant Mrs Pease was “being kept out of the loop.”
However, the EAT overruled that this amounted to discrimination as it happened because she was exercising her right to maternity leave.
The Director for Human Resources, Organisational Development and Estates at the South West Yorkshire Partnership NHS Foundation Trust, Alan Davis, stated:
“There was an honest administrative error which was rectified quickly and which the trust believes did not disadvantage her from any redeployment opportunities. Supporting our staff is a key priority for us so we will make sure we learn from any mistakes to make our care better.”
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