Mum was fired because she refused to work weekends since she needed to care for her children.
A nurse who was fired because she refused to work weekends has won a “historic” tribunal appeal.
In 2016, Gemma Dobson, 40, was sacked from her job as a community nurse in Cumbria when she was unable to work a new shift pattern.
Ms Dobson stated that she was unable to work specific off-peak hours due to the fact that she had to care for her children, two of whom are disabled.
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At the time, the Integrated Care NHS Foundation Trust North Cumbria was implementing more flexible working practices, which meant that employees were obliged to work off-peak hours on occasion.
According to the Mirror, Ms Dobson was fired because she refused to work her hours and the NHS Trust refused to consider her personal duties.
Dobson tried to take her case to an employment tribunal, claiming unjust dismissal and indirect sex discrimination, but she lost.
Mr Justice Choudhury, the head of the employment appeal panel, upheld her appeal last week.
The decision was dubbed a “landmark” by the tribunal judge, who said that women’s disproportionate duty for childcare should be considered in employment disputes.
He said that Dobson’s panel had “erred in not taking judicial note of the fact that women were less likely than men to be able to adapt particular working patterns due to their childcare commitments.”
Employment tribunals, according to Choudhury, “shall take into account if relevant” “childcare imbalance.”
“I am totally thrilled with the conclusion of the appeal following my utter surprise at the outcome of the previous tribunal,” Dobson said yesterday.
“I’ve been seeking justice for how cruelly I was treated for almost four years, with my husband’s constant support.”
She said that losing her employment had a “big negative impact” on her mental health, causing her anxiety.
Ms Dobson said: “Being dismissed by my NHS employer, for not working weekends due to my child-caring responsibilities, was a huge shock. I was so outraged that I felt absolutely worthless and betrayed by my coworkers and managers.
“I’ve spent my entire working life as a compassionate and caring nurse in the NHS.” I. The summary comes to a conclusion.