York and Scarborough Teaching Hospitals NHS Foundation Trust

Case No: 2500232/2024 10.5 Reserved judgment with reasons – rule 62 March 2017 EMPLOYMENT TRIBUNALS Claimant: Mrs Danielle Micallef Respondent: York and Scarborough Teaching Hospitals NHS Foundation Trust Heard at: Newcastle Employment Tribunal (via CVP) On: 7-11 October 2024 (14 October 2024 in chambers) Before: Employment Judge L Robertson Mr G Gallagher Mr P de Chamont-Rambert Representation Claimant: Mr N Toms, counsel Respondent: Miss N Twine, counsel RESERVED JUDGMENT 1. The claimant’s complaints that she was subjected to detriments because she took maternity leave pursuant to section 47C of the Employment Rights Act 1996 and regulation 19(2)(d) of the Maternity and Parental Leave etc Regulations 1999 are not well-founded and are dismissed. 2. The claimant’s complaints of maternity discrimination pursuant to section 18 Equality Act 2010 are not well-founded and are dismissed. REASONS THE CLAIMANT’S CLAIMS 1. By a claim form dated 7 February 2024, the claimant, Mrs Micallef, brought the following claims: 1.1. That she had been subjected to detriments because she took maternity leave pursuant to section 47C of the Employment Rights Act 1996 and regulation 19(2)(d) of the Maternity and Parental Leave etc Regulations 1999; Case No: 2500232/2024 10.5 Reserved judgment with reasons – rule 62 March 2017 1.2. That she had been discriminated against pursuant to section 18 Equality Act 2010 because she had exercised her right to take maternity leave. THE HEARING 2. The claimant was represented by Mr Toms at the hearing. The respondent was represented by Miss Twine. 3. The claimant gave evidence on her own behalf. She also submitted witness statements for two additional witnesses: 3.1. Danielle Heselton (an employee of the respondent); and 3.2. Benjamin Micallef (the claimant’s husband). ...