Ms C Downing v Marks and Spencer plc: 3312691/2023
JUDGMENT
[1]The following of the claimant’s claims succeed:a. Discrimination contrary to s.18 of the Equality Act 2010 as a result of the claimant’s role being filled with a permanent replacement employee when the claimant went on maternity leave;b. The claim under s.15 of the Equality Act 2010 in respect of the unfavourable treatment of being dismissed;c. The claim that there had been a failure to make reasonable adjustments in respect of the performance management policy and in respect of the practise of advertising new roles to all employees and selected roles externally and to the practise of requiring an internal candidate to apply for a new role; and,d. The unfair dismissal claim.[2]A reduction of 25% should be made to any compensatory award to take into account the prospect that the claimant would have been fairly dismissed from the alternative role of Propositions Manager in Clothing & Home after 6 months of being in that role.[3]The remaining issues relating to remedy are reserved to a remedy hearing.[4]All of the other of the claimant’s claims are dismissed. Approved by: