by Julie Harding

A partner in a Bristol recruitment firm which isaccused of sexual discrimination told an industrial tribunal she was allowed to work part-time after having children and was not penalised as a result.

Kirsten Bye returned to Clifton-based Cavendish Maine four days a week after having her first baby in 2005 and is currently on maternity leave after her second child.

Former consultant Emma Archer, who had two children in quick succession, has taken Cavendish Maine to a Bristol industrial tribunal claiming she was forced out of a job she loved after she asked to work part time.

Mrs Archer, a mother-of-three from Long Ashton, is claiming sex discrimination, unfair dismissal and discrimination for asserting maternity rights. She also claims that she was not given a contract and that Cavendish Maine was in breach of contract.

Mrs Bye, who lives in Bath, told the tribunal: "Cavendish Maine allowed me to work partly from home which made life easier. I came into the office once every two weeks.

"I've been with the business for nine years. It's a very good culture to work in."

Mrs Bye, a friend of senior partner Nick Hester, did not accept that the senior partners had been trying to get rid of Mrs Archer.

But email evidence emerged at the tribunal which showed that this was discussed.

An email from a staff member talked of the company taking a "belt and braces approach if the ultimate aim is to extract her (Mrs Archer) from the business".

Cross examining Mr Hester, Fiona Farquhar representing Mrs Archer, said: "It is quite clear to anyone reading that email that you were having discussions to extract my client from the business.

Mr Hester replied: "No, not at all."

He told the tribunal he had been looking forward to having Mrs Archer back and that he thought he had been very accommodating by allowing her to work three days a week.

An email between staff members talked of senior male partners being "not at all clued up" about maternity rights and one said: "this will cost us a fortune" while a third spoke of the company seeking legal advice in relation to Mrs Archer.

Mr Hester dismissed the emails as office gossip. Mrs Archer went on maternity leave in January 2005 and, after having her daughter Ava, returned to work three days a week in January 2006. In September that year she took a second period of maternity leave, returning in October 2007.

She claimed she was made to feel unwelcome and in December she was singled out for redundancy, a process which was suspended when she challenged it.

She claims the final straw came when she overheard Nick Hester talking about her on his mobile phone and describing her as "a pain in the neck".

Wayne Smith told the tribunal he had called Mr Hester at the time the call took place to talk about an ongoing deal.

Cavendish Maine denies that it discriminated against Mrs Archer.

The tribunal continues.