Cases2303459/2022

Claimant v University Hospitals NHS Foundation Trust

11 April 2025Before Employment Judge MJ ReedLondon South

Outcome

Claimant fails

Individual claims

Direct Discrimination(pregnancy)failed

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.

Indirect Discrimination(sex)failed

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.

Detrimentfailed

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.

Victimisationfailed

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.

Constructive Dismissalfailed

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

Employment Rights Act 1996 s.57A

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