Mum faces long wait for judgment in discrimination case

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Saturday, November 29, 2008
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This is Bristol

A WOMAN who claims she was forced out of her job after having two babies in quick succession will have to wait to hear whether she has won a legal battle against her former employers.

Recruitment consultant Emma Archer – wife of ex-Bristol Rovers player Lee Archer – took Cavendish Maine to an industrial tribunal, saying she was forced to leave the company after taking on a part-time role.

Mrs Archer claimed sex discrimination, unfair dismissal and discrimination for asserting maternity rights.

She also claims she was not given a contract and that Cavendish Maine was in breach of contract.

Yesterday, after a three-day hearing, a panel of employment judges reserved judgment on the case, saying they hadn't reached a conclusion and needed more time to weigh up the evidence.

A ruling is now expected in February, although there could be a settlement between the two parties before then.

If the panel rules that she was discriminated against on grounds of gender, there is no cap on the amount of compensation that can be awarded.

Mrs Archer, a mother-of-three from Long Ashton, joined Cavendish Maine in 2002 and told the tribunal that she was one of the firm's top sales people, recruiting people for the food industry.

She went on maternity leave in January 2005, and after having her daughter, Ava, returned to work three days a week in January 2006.

Nine months later, in September, she took a second period of maternity leave, returning to work in October 2007. Six weeks after her return she was called in for a chat with her boss, senior partner Nick Hester, about how she was getting on, and at a second meeting in December was told she was being considered for redundancy.

Mrs Archer told the tribunal: "I was singled out for redundancy because I work part time. There was no other reason.

"I knew I was one of the best sales people there. I had a lot more experience than staff who had just joined."

A partner in the firm, Kirsten Bye, told the tribunal she was allowed to work part time after having children and was not penalised as a result.

Mrs Archer challenged the redundancy and claimed she was told her job was safe, but said she was excluded from meetings and made to feel unwelcome.

She said the final straw came when she overheard her boss running her down and describing her as "a pain in the neck". Email evidence also showed that senior staff had discussed trying to get rid of her, saying that senior male staff were "not at all clued up" about maternity rights.

Mrs Archer quit her job, saying she had been treated in a "subversive, unreasonable and discriminatory" way.

Cavendish Maine denies that it discriminated against Mrs Archer in any way.

The ruling is expected on February 27.

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