Wm Morrison Supermarkets Ltd

Case Summary

The claimant was unfavourably treated due to exercising her right to maternity leave, subjected to indirect sex discrimination, and constructively dismissed, with the dismissal found to be unfair and discriminatory.

The tribunal found that the claimant was subjected to unfavourable treatment and indirect sex discrimination related to her maternity leave, and was constructively dismissed in a manner that was both unfair and discriminatory, entitling her to compensation for both the discrimination and unfair dismissal.

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• •The respondent unfavourably treated the claimant because she was exercising the right to maternity leave in the manner it consulted her about a restructure which affected her job
• •The respondent subjected the claimant to a detriment of indirect sex discrimination after her maternity leave by applying a provision, criterion or practice in respect of the discharge of the duties in the post to which she was redeployed which placed, or would have placed, women at a particular disadvantage compared with men, placed the claimant at a particular disadvantage and was not justified
• •The claimant was constructively dismissed and the dismissal was unfair
• •The constructive dismissal was discriminatory having regard to the findings in respect of paragraphs 1 and 2 above, which contributed to the breach of the implied term of trust and confidence in respect of which the claimant resigned

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