Dobson v North Cumbria Integrated Care NHS Foundation Trust [2021]

Posted In: Case Law
  • Decision Number
    UKEAT/0220/19/LA
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Discrimination and Equality, A-Typical Working
Issues covered: Sex Discrimination; Childcare Disparity

The claimant was a community nurse who brought claims relating to unfair dismissal and indirect discrimination based upon the characteristic of sex.  The issue arose as the respondent Trust had brought in a requirement for community nurses to work flexibly which included weekends. The claimant stated that she was unable to comply with this on the basis of caring responsibilities for her children (two of whom were disabled).  As a result of the refusal, she was subsequently dismissed.

The claim was that the provision, criterion or practice introduced requiring flexible work put her at a disadvantage compared to men on the basis of her childcare responsibilities. At first instance,

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This article is correct at 08/07/2021
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Jason Elliott BL
Barrister

The main content of this article was provided by Jason Elliott BL. Email jasondelliott@outlook.com

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