Removal from Work WhatsApp Groups Deemed Maternity Discrimination

Tribunal Finds Exclusion of Maternity Leave Employees Breaches Equality Laws

UK: In a landmark ruling, an employment tribunal has declared that removing female staff from work WhatsApp groups during maternity leave constitutes discrimination. The panel emphasized that isolating mothers who have taken time off work for childbirth from interaction with their colleagues is a violation of equality laws.

Tribunal Upholds Claim Against Dental Firm

The ruling stems from a case where Asha Lad, a sales negotiator, sued Lily Head Dental Practice Sales Ltd in Leamington Spa, Warwickshire, for pregnancy discrimination. The dental firm had excluded her from a work WhatsApp group while she was on maternity leave. 

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Despite a male senior colleague’s refusal to reinstate her, citing ‘no reason,’ Ms. Lad pursued legal action, stating that this exclusion left her feeling isolated and unable to keep up with work matters.

Quoting Employment Judge Rob Childe, the tribunal observed, “Those on maternity leave are likely to feel isolated from their employer and their colleagues,” emphasizing the importance of group chats for employees to stay connected on personal and professional levels.

Successful Lawsuit and Future Compensation

Asha Lad has successfully sued Lily Head Dental Practice Sales Ltd for maternity discrimination, with the tribunal agreeing that she had been unfairly treated. Employment Judge Childe stated that the company’s actions effectively isolated Ms. Lad, constituting less favorable and detrimental treatment during maternity leave.

The tribunal acknowledged that Ms. Lad had the option to engage in the WhatsApp group chat during maternity leave but emphasized that the unilateral decision by the employer to exclude her was discriminatory. A remedy hearing to determine compensation for Ms. Lad will be scheduled at a later date.

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Company’s Justifications Disputed

Chris Mayor, the company’s commercial director, cited ‘security concerns’ as the reason for not adding Ms. Lad back to the group. However, the tribunal found this explanation lacking credibility, concluding that the company did not provide a credible non-discriminatory reason for her exclusion.

This ruling serves as a significant precedent, emphasizing the importance of maintaining inclusion and communication for employees on maternity leave and highlighting the potential legal consequences for employers who engage in discriminatory practices.