A NURSE dismissed by her NHS employer because she refused to work weekends will continue her battle to prove she was unfairly dismissed and discriminated against.

Gemma Dobson, a community nurse based in north Cumbria, had worked fixed days because of her caring responsibilities for her three children, two of whom are disabled.

After a review in 2016, North Cumbria Integrated Care NHS Foundation Trust - which also runs The Cumberland Infirmary- introduced a “flexible working” system and a requirement that community nurses work some weekends.

Ms Dobson said that she was unable to comply with this because of her childcare commitments – and as a result, she was dismissed.

She took her former employers to the employment tribunal, alleging unfair dismissal and indirect sex discrimination – but she lost her case. But her claim will now have to be reconsidered after she lodged an appeal and it was upheld by the President of the Employment Appeal Tribunal.

Lawyers at Slater and Gordon, acting for Ms Dobson, argued that she had only been compared with the members of her small team rather than community nurses across the trust.

This was upheld by an appeal tribunal judge, who ruled that women bear the greater burden of childcare responsibilities than men and that this limits their ability to work certain hours.

The judge described this fact as “the childcare disparity” and ruled that it is a matter that employment tribunals “must take into account if relevant”.

Ms Dobson is being supported by the charity Working Families, who promote a healthy work life balance.

She said: “I am totally delighted with the outcome of the appeal after my utter disbelief at the outcome of the original tribunal.

“I have continued to seek justice for more than four years now for how unfairly I was treated, with continued support from my husband. I am so grateful for all of the help and support I have received in my quest for justice.

Working Families contacted Slater and Gordon Solicitors and Ms Dobson said the firm and her QC Mo Sethi had been amazing.

“It means everything knowing that others also believed in me and my strength in staying dedicated to my journey for justice,” she said.

“I truly hope that in the future other working mothers won’t be discriminated against for having caring responsibilities; especially those that care for disabled children.”

The judgment clarifies that tribunals must presume a childcare disparity for women because they usually shoulder the major childcare burden.

Ms Dobson said her experience had made her consider leaving her nursing career. 

“After everything I have endured by my NHS employer, I have continued to work as a nurse, albeit in a different area of speciality," she said. "I have not worked as a community nurse since I was dismissed. Sadly, I am not ready to face that yet.

“I almost decided to quit nursing because of my poor mental health as a result of the trauma. Thankfully, I found my strength and was determined to not let my path be influenced by others' negativity.

“My husband, Paul, has been my rock. He has supported me throughout this process. I could not have seen it through without his support.

“Having a child like my daughter is the root of my motivation and determination.

"Personally, I have suffered greatly and have been fighting for over four years for justice for myself. Yet, ultimately, my aim was to make a difference for the future so others would not be treated like I was.

“I am thrilled with the judgment stating a new ruling of 'childcare disparity', as this will help others in the future in my position to be treated fairly.”

A future hearing has yet to rule on whether Ms Dobson was unfairly dismissed or discriminated against.

The NHS trust said: “The trust notes the judgment of the Employment Appeal Tribunal. The trust does not believe that is appropriate to comment further at this stage given that the matter will return to the original Employment Tribunal.

“It is important to note that the Employment Appeal Tribunal did not find in its judgment that Mrs Dobson was discriminated against or unfairly dismissed by the trust which is why the matter will return to the original Employment Tribunal for further consideration.”