Claimant v Salisbury Support 4 Autism Limited

The respondent had a PCP requiring employees to work full-time 5 days a week. This put women, who are disproportionately responsible for childcare, at a particular disadvantage. The claimant could not find childcare on a Friday. The respondent failed to show the PCP had a legitimate aim or was proportionate.

The respondent made the claimant return to maternity leave on 10/05/2023 when the CEO suggested it. A male comparator returning from paternity leave would not have been treated this way. The reason for this treatment was sex, and the respondent offered no cogent evidence to the contrary.

Although making the claimant return to maternity leave breached the implied term of trust and confidence and was fundamental, the claimant did not resign in response to the breach. She had already applied for another job on 04/05/2023 and resigned on 29/05/2023 after receiving an informal job offer on 16/05/2023. She did not lodge a grievance.

The respondent did not make the claimant express milk in her car or toilet. The risk assessment was provisional and a suitable room had been suggested. The alleged discriminatory comments on 05/05/2023 were not made in the terms alleged.

The respondent failed to provide a written statement of employment particulars within 8 weeks of the claimant's start date on 13/01/2020, in breach of section 1 of the Employment Rights Act 1996.