Nurse sacked for refusing to work weekends as she had children to care for wins ‘landmark’ appeal

Gemma Dobson had worked fixed days due to her caring responsibilities of her three children – two of whom are disabled.
Watch more of our videos on Shots! 
and live on Freeview channel 276
Visit Shots! now

A mother-of-three, who was sacked for not agreeing to work weekends, has won a “landmark” tribunal appeal.

Gemma Dobson, 40, a community nurse from Cockermouth, Cumbria won her appeal at the Employment Appeals Tribunal in London, with the judge citing, “the childcare disparity” of mothers, weighing in her favour.

Hide Ad
Hide Ad

We want to hear from you: let us know what you think about this story and be part of the debate in our comments section below

Mother-of-three Gemma Dobson, a community nurse from Cockermouth, Cumbria, was sacked for not agreeing to work weekendsMother-of-three Gemma Dobson, a community nurse from Cockermouth, Cumbria, was sacked for not agreeing to work weekends
Mother-of-three Gemma Dobson, a community nurse from Cockermouth, Cumbria, was sacked for not agreeing to work weekends
Read More
Mary, 86, becomes one of UK’s only great-great-great grans - with 90 grandchildr...

At a glance: 5 key points

- Ms Dobson had worked fixed days due to her caring responsibilities of her three children – two of whom are disabled.

- But following a review in 2016 North Cumbria Integrated Care NHS Foundation trust sought to introduce more flexible working and a requirement that community nurses work some weekends.

- Mrs Dobson was unable to work weekends due to her childcare commitments – and was subsequently dismissed from her role.

Hide Ad
Hide Ad

- She then took her former employers to an employment tribunal citing unfair dismissal and indirect sex discrimination, but was unsuccessful.

- However, her appeal was upheld by the president of the Employment Appeal Tribunal (EAT) Mr Justice Choudhury in London.

What’s been said

“I am totally delighted with the outcome of the appeal after my utter disbelief at the outcome of the original tribunal.

“I have continued to seek justice for over four years now.”

Ms Dobson

“It is established in law that there is a ‘childcare disparity’ as women are more likely to take the lion’s share of caring for children.

Hide Ad
Hide Ad

“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.”

Employment lawyer Doreen Reeves from Slater and Gordon

“The trust does not believe that it is appropriate to comment further at this stage given that the matter will return to the original employment tribunal.

“It is important to note that the Employment Appeal Tribunal did not find in its judgment that Mrs Dobson was discriminated against or unfairly dismissed by the trust, which is why the matter will return to the original employment tribunal for further consideration.”

Hide Ad
Hide Ad

A spokeswoman for North Cumbria Integrated Care NHS Foundation Trust

Background

Solicitors at Slater and Gordon acting on behalf of Ms Dobson argued she had only been compared with the members of her small team, rather than community nurses across the trust as a whole, in relation to the flexible working requirement.

This was upheld by the EAT, which also said that women bear the greater burden of childcare responsibilities than men and that that can limit their ability to work certain hours.

Mr Justice Choudhury termed this fact as “the childcare disparity” and ruled that this is a matter that employment tribunals “must take into account if relevant”.

Hide Ad
Hide Ad

Ms Dobson was supported in her case by the charity Working Families, which promotes a healthy work-life balance.

A message from the editor:

Thank you for reading. NationalWorld is a new national news brand, produced by a team of journalists, editors, video producers and designers who live and work across the UK. Find out more about who’s who in the team, and our editorial values. We want to start a community among our readers, so please follow us on Facebook, Twitter and Instagram, and keep the conversation going.

Related topics:

Comment Guidelines

National World encourages reader discussion on our stories. User feedback, insights and back-and-forth exchanges add a rich layer of context to reporting. Please review our Community Guidelines before commenting.