Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

In the case of Sisk v Department for Work and Pensions ET/3323944/2016 the Employment Tribunal held that Mrs Sisk, the Claimant, had been discriminated against whilst on maternity leave and awarded her compensation of £13,200.

The facts in Sisk v Department for Work and Pensions

Mrs Sisk commenced employment with the Department for Work and Pensions (“DWP”) on 1 October 2014 as Surveillance and Tasking Manager. In August 2015 she began a period of maternity leave. During her period of maternity leave she was informed that upon her return from maternity leave she would be transferred into the role of Compliance Team Leader, a position which she had turned down when she had joined the DWP in 2014; this was in response to another female employee (who was also on maternity leave at the time) having her position removed from her and transferred to a third party. Mrs Sisk was unhappy with this and did not agree. She was also not happy that the DWP had failed to keep in touch with her whilst she was on maternity leave to provide her with information regarding promotional exercise details, recruitment exercises and vacancy information (in contravention of the DWP’s own policies). The manager who was responsible for Mrs Sisk while she was on maternity leave (a Mr Lumsden) had not at the relevant times received any training in maternity rights or pregnancy and maternity discrimination.

Mrs Sisk submitted a complaint on 1 April 2016 about her removal from the position of Surveillance and Tasking Manager and that she had not been kept informed of necessary information whilst she was on maternity leave. She sought a return to her post of Surveillance and Tasking Manager or, failing that, to be placed as a local Fraud Service Team leader at the DWP’s Harrow office. Her complaint was partially upheld, but not on the complaint regarding maternity discrimination (although the investigators accepted that during her period of maternity leave procedures had not been followed).

The decision of the Employment Tribunal in Sisk v Department for Work and Pensions

The Employment Tribunal held that Mrs Sisk had been subjected to the following detriments:

  • That her role filled by a third party whilst she was on maternity leave, and held that she had been subjected to this detriment for the reason she too additional maternity leave – the Tribunal claim to this conclusion as Mrs Sisk had been treated in a different manner to a male colleague who had his position held for him while he ‘acted up’ to a more senior position
  • That she was not kept informed of promotion information, conferences, and training opportunities

The Tribunal found that she had been subjected to unfavourable treatment because she had taken maternity leave. Mrs Sisk was not successful in her complaint of sex-related harassment.

The Employment Tribunal awarded Mrs Sisk £13,200 as compensation for injury to feelings and made a recommendation that the DWP’s managers be sent on training courses to teach them about the rights of employees while they are on maternity leave

Our solicitors’ view on Sisk v Department for Work and Pensions

Chris Hadrill, a specialist employment solicitor at Redmans, commented on the case: “This case shows that employers must make sure that their management teams are trained in how to deal with employees who are on, or who are intending to take, periods of maternity leave – a failure to train managers in such rights could lead, as in this case, to a successful claim for discrimination.”

The judgment of the Employment Tribunal can be found here

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk. Redmans have offices in Richmond, Chiswick, Hammersmith, Fulham, Kingston, Wimbledon, Ealing, Kings Cross and Marylebone (meetings strictly by appointment only).

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

One Response to Employee discriminated against whilst on maternity leave awarded £13,200 (Sisk v Department for Work and Pensions)

  1. […] conferences, and training whilst on maternity leave,  awarding her £13,200 in compensation (our analysis of the case, Employment Tribunal […]

Our awards

Request a callback

Your first name (required)

Your last name (required)

Your email (required)

Your telephone number (required)

Brief details of your enquiry

Contact us

Please feel free to discuss your own position and concerns. Contact your nearest office on:

T: 020 3397 3603
E: enquiries@redmans.co.uk
W: www.redmans.co.uk

Testimonials

4.76 Average

204 Reviews

Anonymous

Excellent advice and customer service.

Posted 1 month ago

Aneet G

I would definitely recommend Redmans. Very impressed with service provided. They were extremely proactive in handling my case which made things easier for me. Provided sound advice and resolution. Special credit for this goes to Chris who dealt with my case with great determination and consideration.

Posted 1 month ago

Fern M

Very efficient and friendly

Posted 1 month ago

Neville S

A professional and friendly service, which I would highly recommend.

Posted 1 month ago

Daniel T

Extremely helpful and made a bad situation much more manageable. Where other solicitors seemed disinterested in my situation Redmans immediately made me feel like it was a team effort to achieve a more favourable outcome

Posted 1 month ago

Paul T

Excellent, quick and informative. Chris was a real star and gave me confidence during the uncertainty if a redundancy settlement.

Posted 1 month ago

Marina E

Felt in very capable hands was listened to and given excellent advice. Would not hesitate to recomend and use again if needed.

Posted 1 month ago

Rosa B

Fabulous service all round.

Posted 1 month ago

Anonymous

Redmans were quick to respond to my enquiry and dealt with my case professionally and personably. I received sound advice and was put at ease by Chris Hadrill, Partner.

Posted 1 month ago

Alkhas K

Excellent service.

Posted 1 month ago

Mathias G

Contacted them regarding my end of employment agreement. Chris Hadrill dealt with it and was done and handed back to employer same day more than happy with there service.

Posted 2 months ago

Mark W

Most professional from start to finish offering very a personal service. Most impressive and quick when dealing with the matters in hand.

Posted 3 months ago

Anonymous

Posted 3 months ago

submit

I am very glad I came across Redmans Solicitors. Fantastic service!

Posted 3 months ago

Anonymous

Fantastic communication, always happy to answer queries, highly recommended.

Posted 3 months ago

Wavenie B

They were very straight to the point, friendly and understanding people. I felt they had my best interest. They were easy to get hold of, replies were almost instant. 5/5 for customer service

Posted 3 months ago

Christina P

Caroline was fantastic to work with - extremely knowledgeable, supportive, thorough and honest. I definitely recommend Redmans!

Posted 3 months ago

Anonymous

Very well done and fast support. Professional and reliable. Highly recommended!

Posted 3 months ago

Helene L

They were very knowledgable in the respected area in terms of change in law/regulations that is crucial for the clients who are seeking for legal arvice.

Posted 3 months ago

Sara R

Very helpful and wonderful advice

Posted 3 months ago

Marie D

very good service all digitalised

Posted 3 months ago