In the case of Mrs Gemma Dobson Respondent Cumbria Partnership NHS Foundation Trust community nurse Gemma Dobson was dismissed by the then-Cumbria Partnership NHS Foundation
Trust in 2017 after saying she was unable to comply with new flexible working arrangements. Ms Dobson had worked fixed days because of her caring responsibilities for her children.
In 2008, the Trust agreed to reduce Ms Dobson’s hours to 15 a week, working Wednesdays and Thursdays only.
After a review in 2016, the Trust introduced a ‘flexible working’ system and a requirement that community nurses work some weekends.
Ms Dobson said that she was unable to comply with this because of her childcare commitments – and as a result, she was dismissed.
Documents from the tribunal said: “We find that the respondent’s managers were conscientious in weighing up the issues in 2016-17 and addressed their minds to the options.
“Each decision-maker had a good understanding based on their role and experience of the reasons for the changes in community nursing, and the difficulties this presented for the claimant.
“Unfortunately for the claimant, she could not contemplate any form of compromise whatsoever. This is well illustrated by our detailed findings of fact. Even in the face of her dismissal, the claimant could or would not contemplate the option of working one weekend a year or any bank holidays.”
At an appeal this year the employment judge found that there were no grounds to suggest Ms Dobson had been unfairly dismissed, with the judgement concluding: “The decision to dismiss therefore fell squarely within the range of reasonable responses.”
A spokesman for NCIC Trust said: “This is a historic and complex case that has recently concluded in favour of the Trust.
“As an employer, flexible working is one of our priorities, so we are pleased that the Tribunal recognised that the Trust fairly offered a wide range of options to the claimant, none of which were acceptable to them.”
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