An employment tribunal has dismissed a former paralegal’s claims that she was discriminated against due to her pregnancy and was unfairly let go.
M Gil worked at Herrington Carmichael as a debt recovery paralegal from May 2021 to August 2023 in the law firm’s dispute resolution team. She requested two working from home days in July 2021 in order to be at home with her pet puppies, to which her manager agreed. Gil later submitted a formal agile working request but received no written response.
Gil went on maternity leave a year later and made a request to work from home three days a week upon her return, which was refused. Her employer suggested instead that she works from home one day a week on a trial basis. Gil issued a written grievance on 10 May 2023 and resigned later that month, giving three months’ notice.
Employment judge Hawksworth said that despite the lack of written response, it was reasonable for Gil to understand that her agile working request had been granted. The tribunal found that the refusal of her request to work three days a week from home was unfavourable treatment, but it was not because of her pregnancy or being on maternity leave, rather “different approaches” of managers. One of whom was more accepting of remote working, whereas the other preferred staff to work in the office.
The tribunal dismissed complaints of pregnancy and maternity discrimination, indirect sex discrimination, and harassment related to sex, finding that her pregnancy or maternity leave did not play a part in the ‘thought processes’ around the decision on her flexible working request.
It also found that the unfair dismissal complaints were not well-founded, noting that there were aspects that the firm could have dealt with better, such as not providing any written response to Gil’s initial agile working request and not telling her about concerns relating to her working from home.
Judge Hawksworth added: “Against that background, it was understandable that the claimant was unhappy about the required changes to her working pattern which were to coincide with her return to work from maternity leave. However, the respondent’s agile working policy made clear that it was noncontractual and that arrangements could be withdrawn or varied.”
Alistair McArthur, partner and head of employment at Herrington Carmichael, said: “We are pleased with the outcome to the employment tribunal process. We take concerns of the nature received seriously and did all that we could to address these with the individual without recourse to the tribunal process. This decision demonstrates the way that we work hard to make sure that our employees are treated well and properly. We continue to promote diversity throughout our workforce and hold true to the values we have as an organisation.”
