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Last Updated: Monday, 5 November 2007, 12:44 GMT
Mother wins discrimination case
Legal books - generic
The tribunal awarded Ms Tobin almost 3,500
A woman who said she was turned down for a shop assistant's job because she was expecting her second child has won her sex discrimination case.

An employment tribunal awarded Caroline Tobin, from Bellshill, in North Lanarkshire, 3,463 in compensation.

The tribunal heard she had been looking for a part-time post at her local Spar store last October.

Store manager Abdul Majid denied discrimination and said Ms Tobin had stormed out of an interview.

Ms Tobin said that during an interview she told Mr Majid she wanted a temporary post because she was pregnant.

She claimed his demeanour and manner changed, he appeared annoyed, became very blunt and said 'no'.

Ms Tobin said Mr Majid said: "No, no, no, no - I have had experience of previous employees who were pregnant who refused to work and would refuse to bend, stretch or lift."

She then walked out of the interview.

Application form

Mr Majid claimed that the interview had lasted about 20 minutes and at the end of it Ms Tobin advised him she was pregnant.

He said he was dismayed as she had failed to disclose her condition in the section of her application form regarding health.

The manager explained that he would have been required to complete a particular form during the interview if he knew she was pregnant.

This would enable the employer to carry out a risk assessment and assess any adjustments or other arrangements.

Ms Tobin, he said, became angry and stormed out.

The tribunal accepted that Mr Majid told Ms Tobin he was not prepared to employ her when she told him she was pregnant and that her pregnancy was the reason why he did not want to employ her.

She was awarded 2,500 in compensation for injury to her feelings and a further 963 for loss of earnings.


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