Mrs G Dobson v Cumbria Partnership NHS Foundation Trust

Case Number: 2401798/2017

THE EMPLOYMENT TRIBUNALS Claimant Mrs Gemma Dobson Respondent Cumbria Partnership NHS Foundation Trust Heard at Manchester Employment Tribunal (via CVP video link) On 22-24 November 2022 & 21-22 March 2023 2-3 May 2023 (in Chambers) Before Employment Judge Langridge Members Mr D Wilson Ms V Worthington Representation: Claimant Ms S Berry, counsel Respondent Mr S Brittenden, counsel

JUDGMENT (1) The steps taken by the respondent to apply its PCP that all community nurses work flexibly, including at weekends, were a proportionate means of achieving a legitimate aim for the purposes of section 19(2)(d) Equality Act 2010. (2) Accordingly, the claimant's claim of indirect sex discrimination under section 19 Equality Act 2010 fails. (3) The claimant's dismissal for some other s...

REASONS Introduction

1. This indirect sex discrimination claim was remitted to the Tribunal by the Employment Appeal Tribunal, following a successful appeal on the applicable pool of comparators, and on the question of disadvantage. In paragraph 53 of its judgment dated 24 June 2021, the EAT said of the disadvantage to the claimant: “Mr Sutton sought to emphasise that the claimant’s difficulties were not insurmount...