Dobson v North Cumbria NHS Foundation Trust IRLR 729 (EAT) is a UK labour law case, concerning the child care disparity that women face.
Facts Dobson claimed that NHS Trust's demand for "flexible" work at weekends amounted to indirect sex discrimination, because it disadvantaged her in her care for 3 children, two of whom were disabled.
The Tribunal decided there was no particular disadvantage because other women could do it, and so could the only man in the team.
This case will be at the Employment Appeal Tribunal for the second time on 16th December 2025. ………………
Judgment Choudhury J, reversing the Tribunal, found that the Tribunal was wrong in comparing only people in the team, as the proper comparison would be all people who were required to work flexibly. It was uncontroversial that there was a disparity in child care burdens for women. Tribunals could and should take judicial notice of this matter, even if it is not pleaded.
In 2023 the case was reheard at ET. The judgement again went in favour of Cumbria Partnership Trust.
See also UK labour law
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