Cases6009440/2024

Claimant v Royal Mail Group Limited

23 September 2025Before Employment Judge Mr J S BurnsLondon Centralremote video

Outcome

Partly successful

Individual claims

Direct Discrimination(pregnancy)withdrawn

The Equality Act 2010 claims were dismissed on withdrawal by the Claimant at the hearing.

Othersucceeded

The tribunal declared by consent that the Respondent's complaint under section 80 ERA 1996 was well founded. The Respondent unreasonably postponed and prevented the Claimant from taking parental leave over two weeks in August 2024. The Respondent failed to serve a counternotice within 7 days of the Claimant's notice given on 19 February 2024, contrary to paragraph 6(e) in Schedule 2 of The Maternity and Parental Leave Etc Regulations 1999.

Facts

The Claimant gave notice on 19 February 2024 of her intention to take parental leave over two weeks in August 2024. The Respondent failed to serve a counternotice within 7 days as required by law and unreasonably postponed and prevented the Claimant from taking that leave. The Claimant also brought discrimination claims under the Equality Act 2010, which she withdrew at the hearing.

Decision

By consent, the tribunal declared that the Claimant's complaint under section 80 ERA 1996 was well founded. The Respondent had breached the statutory requirements by failing to serve a counternotice within the required timeframe and had unreasonably prevented the Claimant from taking parental leave. The Equality Act claims were dismissed on withdrawal.

Practical note

Employers must strictly comply with the 7-day deadline for serving counternotices to postpone parental leave, and failure to do so renders any subsequent postponement unreasonable under section 80 ERA 1996.

Legal authorities cited

Statutes

ERA 1996 s.80Maternity and Parental Leave Etc Regulations 1999 Schedule 2 para 6(e)Equality Act 2010

Case details

Case number
6009440/2024
Decision date
23 September 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
transport
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
No