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

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,