In the case of Dobson v Cumbria Partnership NHS a community nurse, Gemma Dobson, worked fixed days per week. Following a review, Cumbria NHS Trust sought to introduce more flexible working. In particular, it introduced a requirement that community nurses work flexibly, including working at weekends. Dobson was unable to comply because of her caring responsibilities for her three children, two of whom are disabled. She was dismissed and brought claims for unfair dismissal and indirect sex discrimination.
Dobson was unsuccessful at an employment tribunal but has won an appeal before the president of the employment appeal tribunal, Mr Justice Choudhury. In his written judgment, with two other panel members, Choudhury said “childcare disparity” was a matter employment tribunals “must take into account if relevant”.
The panel said: “Whilst things might have progressed somewhat in that men do now bear a greater proportion of childcaring responsibilities than they did decades ago, the position is still far from equal.
“The assumptions made and relied upon [by the appellant] … are still very much supported by the evidence presented to us of current disparities between men and women in relation to the burden of childcare.”
The case will go back to the employment tribunal to reconsider the indirect discrimination and unfair dismissal claims. North Cumbria integrated NHS foundation trust said in a statement that it “notes the judgment of the employment appeal tribunal”.
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