Claimant v Royal Free London NHS Foundation Trust

The tribunal found there was no breach of contract by the respondent. Further, the termination of employment on 31 January 2024 did not amount to the claimant accepting a repudiatory breach of contract by the respondent.

Complaints seeking contractual or statutory redundancy pay were dismissed on withdrawal by the claimant.

The dismissal was not automatically unfair under section 99 ERA (pregnancy and maternity protection). The tribunal determined the dismissal reason was redundancy and this did not fall within the automatically unfair categories.

The tribunal found the dismissal was for redundancy and was not unfair. While there was a dismissal as defined in section 95(2) ERA, the respondent acted fairly in treating redundancy as the reason for dismissal.

The complaint of indirect sex discrimination failed because the respondent did not have the alleged provision, criterion or practice (PCP) that the claimant asserted.

All complaints of pregnancy and maternity discrimination listed in section 5 of the list of issues failed and were dismissed. The tribunal found no evidence that the claimant was treated unfavourably because of pregnancy or maternity.

All complaints of direct sex discrimination listed in section 4 of the list of issues failed and were dismissed. The tribunal found the claimant was not treated less favourably because of her sex.