Claimant v Buffery & Co Ltd

Outcome

Facts

The claimant, a mother of two young children, was employed as an apprentice accountant for approximately five weeks. During her interview she mentioned having children and that her husband intended to take a sabbatical. Shortly after interview, the claimant's line manager Ms Thompson warned the respondent directors against hiring someone with children, concerned she would not have time to complete the work. The claimant's hours were reduced twice by agreement to accommodate her childcare needs. Ms Thompson made comments to the claimant that it would be difficult for someone with children to succeed and that she was 'skiving' when granted Fridays off. On 20 July 2023, a review meeting focused on how the claimant would juggle childcaring commitments with work. The claimant was dismissed the next day during her probationary period.

Decision

The tribunal found that the respondent directly discriminated against the claimant because of sex. The tribunal concluded that Ms Thompson's comments about the difficulty of working with children and the 'skiving' remark were less favourable treatment connected to the claimant's sex and childcaring responsibilities. The tribunal also found the dismissal was significantly influenced by the claimant's sex, based on discriminatory assumptions that a mother could not manage work and childcare, assumptions that would not have been made about a man. The tribunal drew inferences from the respondent's focus on the claimant's family circumstances, failure to raise performance concerns directly, and production of justificatory documents after the event.

Practical note

Legal authorities cited