Suspension during pregnancy

Case 3: The facts

A rail company removed Mrs Quinn from her duties as duty station manager after learning that she was pregnant. It said its main reason for doing so was the risk of a physical assault while she was carrying out her duties. The company also reduced Quinn’s salary to reflect the change in her duties. She brought a claim of sex discrimination.

The ruling

The Employment Appeal Tribunal (EAT) upheld a tribunal’s finding that Quinn had been discriminated against, finding that her employer had suspended her because of its “paternalistic and patronizing attitude” and not for any real health and safety reasons.

It had been up to the employer, the EAT said, to justify Quinn’s suspension by providing evidence of the gravity of the risk and also the impossibility of avoiding the risk by making appropriate adjustments to her hours and conditions of work. However, it had not done so.

New Southern Railway Ltd v Quinn UKEAT/0313/05