The Claimant was pregnant when the Respondent decided to re-organise the business, the effect being that the Claimant's role was made redundant. Four new roles, as transport shift manager (TSM), were announced. As the redundancy consultation began, the Claimant asserted her right to be offered suitable alternative employment during maternity leave, in preference to other redundant employees, in accordance with Regulation 10 of the Maternity and Parental Leave etc Regulations 1999. This assertion gave rise to the question of whether the TSM roles, properly analysed, were “suitable” available vacancies. The Respondent took the view that TSM roles were not “suitable” and it required the Claimant to attend for a competitive interview. The Claimant was interviewed for the TSM role but was unsuccessful. She raised a grievance which unfortunately was blocked by the Respondent's firewall and managers were therefore unaware of the Claimant's emails. The Claimant brought claims of automatic unfair dismissal, detrimental treatment, victimisation and pregnancy/maternity discrimination to the ET. The ET upheld her complaints of detrimental treatment contrary to section 47C ERA and pregnancy/maternity discrimination insofar as it found that the Respondent failed to take adequate steps to deal with her grievance. The ET awarded her £10,000 for injury to feelings, saying that a sum at the lower end of the then middle Vento band was appropriate. The Respondent appealed saying that the award was excessive and that it was not Meek compliant.

The EAT allowed the appeal. The Claimant was upset that her grievance had been missed, but this could not be conflated with her upset with the wider process that concluded with the termination of her employment. Her upset was genuine but fleeting and, based on the evidence she gave, resulted in only minimal injury to her feelings. The EAT was also concerned that the ET may have had in mind those aspects of her claim that had failed. The EAT substituted the award for one of £2,000 but added interest which the ET, wrongfully, had failed even to consider.