GMB wins case against One Call Insurance Services Ltd in Doncaster

Tim Lezard Europe, UK, Services (UNI), GMB,

Employment Tribunal ETA worker unfairly dismissed by her employers for absenteeism when she visited her young daughter in hospital has won her employment tribunal.

GMB member Annie Van Heeswyk has been awarded substantial compensation after winning her sexual discrimination case against One Call Insurance Services Ltd in Doncaster

GMB regional legal officer Bill Innes said: “Annie’s problems began when she applied to her employer for parental leave so she could spend time with her baby daughter and her soldier husband during his leave following service in Afghanistan. But her Doncaster-based employer denied the leave, telling her that spending time together as a family didn’t qualify as parental leave.

“Shortly after her request she was given a notice for a disciplinary hearing for alleged ‘persistent absenteeism’ and ‘unsatisfactory standards or output of work’ yet she had an exemplary record and no warnings before this.

“Annie was later dismissed without notice on the grounds of gross misconduct despite the fact her absenteeism was linked to the time when her daughter was in hospital.  Management told her that they were unhappy with her explanation for her absenteeism as ‘children get ill all the time’.

“She was also entitled to a pay rise of £2,000 per annum after two years of service, but hadn’t received it.  GMB supported her successful employment tribunal claims against the company for direct and indirect sex discrimination, unreasonable refusal to allow parental leave, unfair and wrongful dismissal and unlawful deductions from wages.

“The tribunal described the company’s procedure as ‘cynical’ and its treatment of Annie ‘unsympathetic’ since her return from maternity leave. It found that the company was ‘scraping the barrel’ to find reasons for dismissing her.

“It is still shockingly familiar for women to face discrimination at work, and Annie’s case was a particularly bad example. The cost of taking a claim like this has been made prohibitive by tribunal fees for anyone who does not have the support of a trade union like GMB. We are committed to challenging discrimination in all its forms, and do not allow fees to get in the way of access to justice for our members.”

Annie Van Heeswyk said: “It’s important that parents are aware of their rights, especially when returning from maternity leave. I’m really grateful to Bill Innes and the GMB team because without their support I wouldn’t be in the position I am today.”


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Tim Lezard

Campaigning journalist, editor of @Union_NewsUK, NUJ exec member; lover of cricket, football, cycling, theatre and dodgy punk bands

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