A pregnant woman has won a tribunal after being quizzed by NHS workers over whether she planned to return to work after maternity leave.
Laura Jo Duffy complained after a manager nodded towards her stomach when asking about her ‘future plans’.
Another colleague made a ‘stereotypical assumption about new mothers not returning to work’ when speculating on her employment going forward.
One employee even suggested the mum-to-be was using her pregnancy to get a promotion.
The PA, who was employed at Barnet, Enfield and Haringey Mental Health NHS Trust in North London, was dealing with the fact she had been told her pregnancy was ‘high risk’ at the time.
Tensions simmered after she was told in August 2019 her job would automatically be moved into a higher salary band, annoying a colleague who was told she would have to apply to get the same £3,000 a year salary increase.
Fellow PA Joanne Cleasby wrongly thought Mrs Duffy was receiving preferential treatment because she was pregnant and complained to colleagues about it, the tribunal heard.
The hearing heard she made two ‘unwanted comments’ related to Mrs Duffy’s pregnancy: ‘you planned your pregnancy well’; and, ‘have you told (your boss) that you won’t be coming back after maternity?’
The tribunal ruled the remarks were discriminatory because Mrs Duffy’s pregnancy was a ‘significant reason’ behind them.
Employment Judge David Maxwell said: ‘The question posed to Mrs Duffy as to whether she had told (her boss) she would not be coming back after maternity leave was not based on anything Mrs Duffy had said to Ms Cleasby about her intentions, rather it involved a stereotypical assumption about new mothers not returning to work.
‘The comment about Mrs Duffy having planned her pregnancy well, involves the proposition that in becoming pregnant, she was motivated by the desire to obtain a workplace advantage, which was a most unpleasant comment to aim at Mrs Duffy in these circumstances with a high risk pregnancy.’
In a later incident, senior service lead Alan Beaton referred to her pregnancy during a meeting to discuss new jobs after a restructure, which the panel also was found was discriminatory.
Judge Maxwell ruled: ‘Mr Beaton made a clumsy enquiry and Mrs Duffy was right to think this inappropriate.
‘The obligation on Mrs Duffy to inform her employers about her intentions was a long way off and he ought not to have referred to this at all.
‘The three acts were (individually and cumulatively) unfavourable treatment because Mrs Duffy was pregnant.’
Ms Duffy is now in line for compensation.
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