Claimant v University Hospitals NHS Foundation Trust
Outcome
Individual claims
The tribunal found the complaint of direct pregnancy and maternity discrimination was not well-founded. The claimant did not establish that she was subjected to less favourable treatment because of her pregnancy or maternity.
The tribunal found the complaint of indirect sex discrimination was not well-founded. The claimant did not establish that a provision, criterion or practice put her or other women at a particular disadvantage that was not objectively justified.
The tribunal found the complaint of being subject to detriment for taking time off for dependents pursuant to s57A Employment Rights Act 1996 was not well-founded. The claimant did not establish she was subjected to detriment for exercising this statutory right.
The tribunal found the complaint of victimisation was not well-founded. The claimant did not establish that she was subjected to a detriment because she had done a protected act or that the respondent believed she had done or may do a protected act.
The tribunal found the complaint of constructive unfair dismissal was not well-founded. The claimant did not establish that the respondent committed a fundamental breach of contract entitling her to resign and treat herself as dismissed, or that any such resignation was in response to the breach.
Facts
Mrs Huggett brought claims against her NHS employer including pregnancy and maternity discrimination, indirect sex discrimination, detriment for taking time off for dependents, victimisation, and constructive unfair dismissal. The case was heard over five days with the claimant representing herself and the respondent represented by counsel.
Decision
The tribunal dismissed all five claims brought by Mrs Huggett, finding none were well-founded. The tribunal found the claimant did not establish discrimination on the grounds of pregnancy, sex, or victimisation, nor that she suffered detriment for taking dependents leave or was constructively dismissed.
Practical note
A self-represented claimant in an NHS discrimination case failed to establish fundamental breach or less favourable treatment across multiple claims involving pregnancy, dependents' leave, and constructive dismissal.
Legal authorities cited
Statutes
Case details
- Case number
- 2303459/2022
- Decision date
- 11 April 2025
- Hearing type
- full merits
- Hearing days
- 5
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No