The Employment Tribunal in Edinburgh has issued its judgement in the claim of Rowena Robbie v Lothian and Borders Police, in a decision registered on 4 October 2011. Ms Robbie was represented at the tribunal by Westwater Advocates’ David Hay and Lothian and Borders Police was represented by a partner of Maclay Murray Spens LLP, one of the largest Scottish solicitors’ firms.
Ms Robbie, a police constable based at the Scottish Parliament, went on a period of maternity leave that coincided with a review of the numbers of constables based at the Parliament. At least one post was to be removed, and Ms Robbie’s post was selected. The Employment Tribunal unanimously decided that the decision to remove Ms Robbie’s post was done on the basis of her being absent from work on maternity leave and that, accordingly, the Force discriminated against her in terms of the Sex Discrimination Act 1975 (now replaced by the Equality Act 2010). The Tribunal made a declaration that she had been discriminated against and awarded a sum of compensation, principally in relation to her injury to feelings. Other claims made, that the Police had descriminated against Ms Robbie in relation to arrangements surrounding continued breastfeeding, and a flexible working request application, were dismissed.
Fellow stable member and employment law specialist Calum MacNeill QC said “Discrimination cases are often complex and simply because an employer has not acted with malice towards an employee does not mean that there is not a discriminatory reason lying beneath the surface. The successful result in David’s case demonstrates the experience that our employment law advocates have in negotiating the many issues that can be found in discrimination cases; and that Westwater Advocates are comfortable in appearing both for claimants and for employers.”
In the most recent statistics for the Employment Tribunal issued by the Ministry of Justice for the year 2009-2010, only 2% of sex discrimination claims determined in that year were successful.
Well done David!