In a recent employment tribunal case, the Association of Chartered Certified Accountants (ACCA) faced allegations of maternity discrimination from one of its employees, Ms. Yongo. The tribunal judge’s findings shed light on the significant influence that the claimant’s maternity leave had on the actions taken by her employer. Let’s delve into the details of this case and the tribunal judge’s findings.
Background information on the case
Ms. Yongo, an employee at ACCA, went on maternity leave, which set off a chain of events. At the center of these events was Mr. Jervis, an influential figure within the organization. While Jervis’s comment alone may not have seemed discriminatory, the subsequent actions taken by him, including changes to Yongo’s role and the creation of a new social lead position, were found to be discriminatory by the tribunal judge.
Findings of the tribunal judge
The tribunal judge unequivocally stated that Mr. Jervis’s actions were tainted by his view that the claimant had “had a baby at the wrong time.” This bias influenced Jervis’s decisions regarding the claimant’s role and the subsequent creation of the social lead position within the company.
The tribunal judge further noted that the claimant’s substantive role duties were significantly reduced, to the point that they were almost on par with those of a marketing executive. This reduction in responsibilities was particularly alarming, as it also involved a reduction in the knowledge and expertise required for the claimant’s position, essentially undermining her professional growth.
While the tribunal acknowledged that the restructure affected others within the organization to some extent, there was a lack of evidence showing that they were impacted in the same discriminatory manner as the claimant.
Unfavorable treatment relating to maternity leave was also evident when another person was appointed as the social media lead. The tribunal judge regarded this decision as discriminatory, as it was an adverse action directly related to the claimant’s absence due to maternity leave.
Dismissal of certain claims
Although the tribunal judge found in favor of the claimant on several significant points, they did dismiss Yongo’s discrimination claim regarding a flexible working request. The tribunal also rejected the victimization claims made by the claimant, which involved omitting her from meeting requests, withholding important information such as passwords and meeting agendas, and excluding her from relevant email correspondence.
Compensation to be decided
The matter of compensation for Ms. Yongo’s mistreatment and discriminatory experiences at ACCA will be addressed in a later hearing. The tribunal will determine appropriate restitution for the harm caused to the claimant due to maternity discrimination.
Response from an ACCA spokesperson
In response to the tribunal’s findings, a spokesperson for ACCA expressed disappointment with the outcome while affirming their respect for the decision. The organization emphasized its commitment to being a good employer with a strong focus on inclusion, indicating that they take this matter seriously and will review their internal policies and practices accordingly.
The judgment in the Yongo v Association of Chartered Certified Accountants case sheds light on the significant influence of maternity leave on employer actions, revealing instances of discrimination and unfavorable treatment. The tribunal judge’s findings highlight the need for organizations to actively ensure fair treatment of employees on maternity leave, promoting an inclusive and supportive work environment for all.