Hearing should not have gone ahead
This report relates to 1 case(s)
In Abbey National plc v Formoso the EAT has upheld a finding that it was sex discrimination for an employer to hold a disciplinary hearing when the applicant was unable to defend herself due to her absence for a pregnancy-related reason.
Elvira Formoso was charged with gross misconduct and suspended when it was alleged that she was spreading rumours about a meeting outside of work she had with the man who was her new manager. When the disciplinary proceedings were brought, she was pregnant and off work due to anxiety.