The EAT upheld a claim of direct pregnancy discrimination where a risk assessment had decided that the claimant could stay in her current role with adjustments, but senior management decided to move her elsewhere.
The claimant, a police officer, was a response officer on the front line, which was the job she had always wanted. When she became pregnant, a risk assessment advised that she be put on restricted duties but still as a response officer. However senior management decided to move her to the Crime Management Hub, which was more of a sedentary back-office role.
In Chief Constable of Devon and Cornwall Police v Town, www.bailii.org/uk/cases/UKEAT/2020/0194_19_1009.html, the officer succeeded in her claim for direct pregnancy discrimination under s.18 EqA, on the basis that moving her was unfavourable treatment because of her pregnancy. The tribunal (upheld by the EAT) said the employer’s argument that the move was advantageous, ie to protect her from danger, was not feasible because the risk assessment had found she was fit to remain in the response team subject to certain adjustments.
She also succeeded in a claim for indirect sex discrimination contrary to s.19 EqA.