||All England Reporter
|| All ER (D) 282 (Jan)
||Employment Appeal Tribunal
Lindsay J, Mr D lambert and Mr J Rivers
||The appellant did not appear and was not represented.
||Thomas Kibling (instructed by Richard Hutchinson & Co) for GL Ltd.
||26 January 2001
Employment - Discrimination against a woman - Dismissal because of pregnancy - Appellant leaving job two weeks after informing respondent employer of her pregnancy - Appellant claiming sexual discrimination and constructive unfair dismissal on grounds of pregnancy - Employment tribunal finding no discrimination or unfair dismissal - Risk assessment - Whether tribunal's decision unreasonable or perverse - Whether matter of risk assessment res judicata - Management of Health and Safety at Work Regulations 1992, regs 3(1), 13A and 13C.
An employment tribunal had been entitled to find that the appellant's complaint of sexual discrimination and constructive unfair dismissal had not been proved. Under the Management of Health and Safety at Work Regulations1992, the requirement in reg13A of an assessment of the risks posed to women of child-bearing age imposed two separate duties upon an employer, namely a general duty in respect of all women of child-bearing age and a particular duty in respect of an individual once she had informed her employer of her pregnancy. Only the second duty had been considered at a directions hearing upon the appellant's complaint, so that the tribunal had not acted unreasonably in considering the general duty and that matter had not been res judicata.
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