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Sophia Berry and Bianca Balmelli Represent Sacked Nurse in “Childcare Disparity” Discrimination Claim

24.03.23

Gemma Dobson is a community nurse who was sacked by North Cumbria Integrated Care NHS Foundation Trust in 2016 for refusing to change her flexible working arrangement to “work flexibly, including weekends” for the Trust, as a result of her childcare commitments.

Mohinderpal Sethi KC, Sophia Berry and Bianca Balmelli succeeded in establishing before the EAT in June 2021 that the childcare disparity was a matter that employment tribunals must take into account in indirect sex discrimination cases. Sophia and Bianca have continued to represent Ms Dobson on a pro bono basis, including this week at a remitted hearing in the Manchester Employment Tribunal to finally determine her claims for indirect sex discrimination and unfair dismissal. Judgment was reserved.

Press links can be found below:

https://www.theguardian.com/money/2021/jun/23/nhs-nurse-sacked-over-weekend-working-wins-landmark-case

Mum who was fired for refusing to work weekends wins ‘landmark’ case for parents – Mirror Online

Mothers cannot be sacked for refusing to work weekends, court rules (telegraph.co.uk)

Nurse sacked for refusing to work weekends wins appeal over ‘childcare disparity’ discrimination | The Independent

Victory for nurse sacked because childcare ruled out weekend work | News | The Times

Mum fired for not working weekends wins ‘landmark’ appeal for parents | UK | News | Express.co.uk

Mother of three who wouldn’t work weekends wins appeal against sacking – Yahoo News

Rights groups welcome ruling that mothers can’t be sacked for refusing to work on weekends (inews.co.uk)

Nurse sacked for refusing to work weekends wins appeal over ‘childcare disparity’ discrimination (msn.com)

Mum was fired because she refused to work weekends since she needed to care for her children. | The Washington Newsday

Nurse sacked over flexible working secures ‘landmark’ victory | News | Law Gazette

Nurse sacked for refusing to work weekends wins tribunal appeal – People Management

https://www.thehrdirector.com/legal-updates/legal-updates-2021/nhs-nurse-wins-case-unfair-dismissal-working-weekends/

Working Families | Discrimination against parents and carers in the workplace – Working Families

CIPD in the news: championing better support for employee wellbeing and calling for better quality jobs | CIPD

Nurse sacked over weekend working to have case reviewed after appeal | Nursing Times

Community nurse wins appeal after being sacked for not working weekends (nursingnotes.co.uk)

Improve flexible working to aid nurse retention, says Jeremy Hunt | Nursing in Practice

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