North Cumbria Integrated Care NHS Foundation Trust

Case Summary

At the relevant time, in 2016, the Claimant had three children, two of whom were disabled. From about 2008, the Claimant had a fixed working pattern whereby, due to her caring responsibilities for her children, she would only work on Wednesday and Thursday each week. The Respondent introduced a Flexible Working policy ('the FW Policy'), pursuant to which the Claimant was asked to work flexibly, including at weekends. The Claimant was clear that she could not accommodate that request, and she was eventually dismissed. Her claims of indirect discrimination and unfair dismissal were dismissed. The Claimant successfully appealed and the matter was remitted to the same Tribunal to consider, amongst other things, whether the Respondent could show the PCP to be a fair and proportionate means of achieving a legitimate aim. The Tribunal held that the Respondent had established that the PCP was justified and that the dismissal was not unfair.

The tribunal found that the respondent's flexible working policy was a justified proportionate means of achieving a legitimate aim, and that the dismissal was fair and not indirect discrimination.

• •The Respondent introduced a Flexible Working policy ('the FW Policy'), pursuant to which the Claimant was asked to work flexibly, including at weekends. The Claimant was clear that she could not accommodate that request, and she was eventually dismissed.

Judgment approved by the court for handing down Dobson v North Cumbria Integrated Care NHS Foundation Trust © EAT 2026 Page 1 [2026] EAT 32 Neutral Citation Number: [2026] EAT 32 Case No: EA-2023-001093-DXA EMPLOYMENT APPEAL TRIBUNAL Rolls Building Fetter Lane, London, EC4A 1NL Date: 27 February 2026 Before: THE HONOURABLE MR JUSTICE CHOUDHURY - - - - - - - - - - - - - - - - - - - - - Between: MRS GEMMA DOBSON Appellant - and – NORTH CUMBRIA INTEGRATED CARE NHS FOUNDATION TRUST Respondent - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mohinderpal Sethi KC and Callum Rodgers (instructed by Slater and Gordon UK LLP) for the Appellant Stuart Brittenden KC (instructed by Ward Hadaway) for the Respondent Hearing date: 16 December 2025 - - - - - - - - - - - - - - - - - - - - - JUDGMENT Judgment approved by the court for handing down Dobson v North Cumbria Integrated Care NHS Foundation Trust © EAT 2026 Page 2 [2026] EAT 32 SUMMARY Sex Discrimination (4) At the relevant time, in 2016, the Claimant had three children, two of whom were disabled. From about 2008, the Claimant had a fixed working pattern whereby, due to her caring responsibilities for her children, she would only work on Wednesday and Thursday each week. In 2016, the Respondent introduced a PCP pursuant to which the Claimant was asked to work flexibly, including at weekends. The Claimant was clear that she could not accommodate that request, and she was eventually dismissed. Her claims of indirect discrimination and unfair dismissal were dismissed. The Claimant successfully appealed and the matter was remitted to the same Tribunal to consider, amongst other things, whether the Respondent could show the PCP to be a fair and proportionate means of achieving a legitimate aim. The Tribunal held that the Respo…