Claimant v Lancashire County Council

All pregnancy discrimination complaints (refusing remote meeting request, threatening denial of leave, calling claimant 'passive aggressive', accusing her of victimhood, raising mental health concerns, informing her colleagues disliked working with her) were presented out of time. Last act was 20 July 2020, claim filed 16 July 2022. Tribunal found no just and equitable reason to extend time as claimant remained at work and had union representation. On merits, tribunal would have found none well-founded as treatment related to claimant's conduct and performance concerns, not pregnancy.

Complaint that managers collected information about claimant's availability on shift including breast feeding breaks (December 2021-March 2022) failed. Tribunal found managers did not solicit complaints but responded to concerns raised by colleagues about claimant being uncontactable for extended periods (including 4 hours on one occasion). Tribunal found this was not because of sex but because of legitimate concern about availability when on shift, regardless of reason for unavailability.

Complaint about being called 'passive aggressive' at 14 July 2020 disciplinary hearing was out of time and not part of continuing conduct. Tribunal refused just and equitable extension. On merits would have failed as no evidence comment was related to sex — it related to claimant's behaviour at the hearing (turning away from camera, eating crisps during witness evidence).

Tribunal found claimant and comparator Mr Norris engaged in like work — work was broadly similar with no differences of practical importance established by respondent. However, respondent successfully proved material factor defence: difference in pay arose because Mr Norris was appointed at Grade 9 and claimant at Grade 8. Mr Norris had more post-qualification experience (4 years vs 2 years), met minimum requirements for Grade 9, and had unusual dual experience in both adult and child social care. Material factor not tainted by direct or indirect sex discrimination.