Claimant v Marks and Spencer PLC

The tribunal found that the claimant's role being filled with a permanent replacement employee when the claimant went on maternity leave constituted unlawful discrimination contrary to section 18 of the Equality Act 2010, which protects against unfavourable treatment because of pregnancy and maternity.

The tribunal upheld the section 15 Equality Act 2010 claim, finding that the claimant was dismissed (unfavourable treatment) because of something arising in consequence of her disability. This establishes discrimination arising from disability.

The tribunal found the respondent failed to make reasonable adjustments in three respects: the performance management policy, the practice of advertising new roles to all employees and selected roles externally, and the practice of requiring internal candidates to apply for new roles. These failures placed the claimant at a substantial disadvantage.

The tribunal found the dismissal was unfair. The judgment does not specify the precise reason but given the context of pregnancy discrimination and disability discrimination, the dismissal did not fall within the band of reasonable responses or lacked a fair reason and procedure.