A care charity has been ordered to pay a former employee more than £18,600 for constructive dismissal, indirect sex discrimination and pregnancy discrimination, an employment tribunal has ruled.
Ms R Malcolm worked as a housing supervisor at Blackwood Homes and Care, which provides care for disabled people, between July 2019 until her dismissal in July 2023.
Malcolm initially worked for Abbeyfield Scotland before her employment was transferred to Blackwood Homes and Care in September 2022.
The claimant suffered distress, anxiety and trauma because of the actions of her former employer, the judgment says.
Malcolm was one of three house supervisors working within the respondent’s premises at the Beech House sheltered housing complex in Killearn, Glasgow.
She worked on Mondays for nine hours and the other supervisors worked the rest of the days on a seven-day rota.
Malcolm began working on Fridays in addition to her usual Monday shift in March 2021.
The tribunal heard she could not commit to varied shifts because she cared for her partner’s grandmother on Tuesday, Wednesday and Thursday every week and had no childcare available at weekends, the tribunal heard.
Malcolm’s partner also worked on Sundays and the respondents were aware of her personal circumstances, the judgment says.
The claimant’s daughter was in childcare during her working days and the nursery would not allow any changes to this agreement.
The court heard Malcolm’s area supervisor, Jane Ritchie, made “derogatory and disrespectful” remarks about the claimant to her fellow housing supervisors.
“Examples were, to the effect that ‘if childcare was an issue for RM why was she having another child’ (during the claimant’s pregnancy),” the judgment says.
“RM ‘has no intention of doing the rota so she won’t be back anyway’ (whilst the claimant was absent on maternity leave).”
In the summer of 2021, Malcolm’s fellow housing supervisors told Ritchie they wanted to work fewer weekends and back-to-back shifts.
Ritchie emailed a new rota to Malcolm in September 2021 requiring her to work one Sunday in addition to her normal Monday and Friday in a three-week cycle.
The claimant reiterated her personal circumstances meant she could not commit to working on a Sunday, the judgment reads.
A further meeting was arranged for February 2022 and after the meeting Malcolm told Ritchie that she was pregnant.
In February, Ritchie drew up another rota which required Malcolm to work one Saturday and one Sunday in a three-week cycle.
Malcolm reiterated her circumstances, which resulted in Ritchie asking the three housing supervisors to submit flexible working requests under the charity’s flexible working policy.
Ritchie advised Malcolm’s colleagues to include cost savings to the charity as a reason for the request because this would help with their requests, the report says, but she did not tell Malcolm this.
Malcolm started maternity leave in August 2022.
The other two supervisors were subsequently told their flexible working requests had been approved but Malcolm’s was refused.
Malcolm appealed the decision on 28 September 2022 and an appeal hearing took place virtually on 24 November 2022.
She was told her appeal was unsuccessful on 12 December 2022 and filed a grievance email on 10 March 2023, but this was rejected a month later.
Malcolm resigned on 16 June and filed an employment tribunal claim, which was heard in Glasgow over several days in December 2023 and March and May this year.
“The claimant has not worked since the termination of her employment on 15 July 2023,” the judgment says.
“The inescapable conclusion is that the actions of the respondent in seeking to change the claimant’s working pattern in the circumstances was likely to destroy or seriously damage the relationship of trust and confidence.”
The charity was ordered to pay Malcolm a compensatory award of £18,077 and a basic award of £607.
Blackwood Homes and Care has been contacted for comment.