A community nurse who was fired from her job as a nurse for not agreeing to work weekends has won a “landmark” ruling for working mothers after a judge said employment tribunals must consider childcare disparities.
Gemma Dobson worked fixed shifts so that she could care for her three children, two of whom are Disabled. She was fired by North Cumbria integrated NHS foundation trust in 2016 after she was unable to meet a new requirement for community nurses to work flexibly, including at weekends.
Dobson was unsuccessful at an employment tribunal citing unfair dismissal and indirect sex discrimination. She has won an appeal before the President of the employment appeal tribunal, Mr Justice Choudhury.
In his written judgment Choudhury said “childcare disparity” was a matter employment tribunals “must take into account if relevant”.
“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.”
Dobson said: “It means everything knowing that others also believed in me and my strength in staying dedicated to my journey for justice… I truly hope that in the future other working mothers won’t be discriminated against for having caring responsibilities; especially those that care for Disabled children.”
Employment lawyer Doreen Reeves who acted for Dobson said: “Working mothers should not be tasked to prove this assumption time and time again when they bring employment tribunal claims. This important landmark decision gives a clear warning, working mothers with caring responsibilities should not be penalised if they are not able to work flexibly to meet business needs or demands of a service.”