An employment tribunal has awarded more than £36,000 to a woman whose employer, the British Deaf Association, denied her request for reduced hours and flexible working arrangements after having a baby.
Lisanne Hedger left her role as a project manager for British Deaf Association when her boss refused to approve her request to reduce her hours after having a baby.
She planned to return to her role in February 2019, and in order to balance her childcare commitments, asked if she could reduce her working hours to 16 over two days. When this was rejected, Hedger requested working 24 hours over three days, but was told that her role required a minimum of 28 hours a week.
Employment tribunal judge Patrick Quill upheld Hedger’s claims of constructive and unfair dismissal, stating that in being denied flexible working arrangements, she had suffered indirect sex discrimination due to women being more likely to reduce their hours for childcare, and that the charity had failed to adequately consider hiring someone to cover some of her hours.
Hedger’s award included £11,000 for injury to feelings, more than £16,900 for lost earnings, £775 for lost pension contributions and £2,032 for breach of flexible working rules under the Employment Rights Act, as well as interest.
The judgement stated: “The respondent’s actions in refusing the flexible working request were conduct, without reasonable and proper cause, which was likely to destroy or damage the relationship of confidence and trust between employer and employee. In the circumstances, we find that the dismissal was an unfair one. The claimant was not dismissed because of performance or conduct and she was not redundant given that the role itself was continuing.
“The claimant has been caused anxiety, sleeplessness and feelings of loss of self-worth as a result of the respondent’s refusal to grant her request. The discriminatory conduct was not a one-off act and not of a short-term duration.”