Cockermouth nurse wins weekend working tribunal appeal

Ms Dobson said she was "totally delighted" with the outcome of the appeal

A nurse who was sacked for not agreeing to work weekends has won an appeal against her dismissal.

North Cumbria Integrated Care NHS Trust dismissed community nurse Gemma Dobson after she refused to take the shifts.

The 40-year-old, from Cockermouth in Cumbria, had worked fixed weekdays because she had caring responsibilities for her three children, two of whom are disabled.

Her case will now be reconsidered by the original employment tribunal.

Ms Dobson was dismissed following a review of flexible working in 2016, as part of which the trust asked community nurses to work some weekends.

She had been unable to take weekend shifts because of her childcare commitments and was subsequently dismissed.

She took the trust to an employment tribunal, claiming unfair dismissal and indirect sex discrimination, but was unsuccessful.

'Childcare disparity'

At a hearing of the Employment Appeal Tribunal in London, Ms Dobson's lawyers argued she had only been compared with the members of her small team, rather than community nurses across the trust as a whole, in relation to the flexible working requirement.

Finding in her favour, Mr Justice Choudhury said women bear the greater burden of childcare responsibilities, which can limit their ability to work certain hours.

He said this "childcare disparity" was a matter that employment tribunals "must take into account if relevant".

Ms Dobson said she was "totally delighted" with the outcome after her "utter disbelief" at the original decision.

Her lawyer Doreen Reeves said the ruling was an "important landmark decision", which gave "a clear warning [that] working mothers with caring responsibilities should not be penalised if they are not able to work flexibly".

In a statement, the trust said it noted the appeals tribunal did not find Ms Dobson was discriminated against or unfairly dismissed and that these matters were to be reconsidered.