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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.