The Nationwide Building Society has been directed by an employment tribunal to pay over £350,000 in compensation to a former employee, Jayne Follows. Ms. Follows was made redundant after refusing Nationwide's return-to-office (RTO) mandate, citing her caregiving responsibilities and existing working conditions.
This legal dispute, spanning five years, has finally concluded with the tribunal's decision, which found Nationwide guilty of indirect disability discrimination and unfair dismissal.
Jayne Follows, described as a "top performer" in her role at Nationwide, faced redundancy in 2017 after she declined to give up her existing working conditions. Nationwide had previously allowed certain employees to work from home, including Ms. Follows, who needed this flexibility to care for her elderly and disabled mother. Despite her excellent performance and the recognition of her caregiving responsibilities, Nationwide decided to eliminate home-working contracts, arguing that junior staff required more physical supervision from their managers.
Ms. Follows’ refusal to relinquish her home-working arrangement led to her being designated as at risk of redundancy. She subsequently lodged a formal complaint, asserting that Nationwide was attempting to change her terms and conditions by relocating her to an unsuitable office location. When asked for a counter-proposal, she insisted on continuing her existing home-working arrangement, stating:
My counter-proposal is [for me] to continue on my existing home-working arrangement and this is never going to be supported [by you] based on unsupported and non-existent 'business needs'.”
In January 2018, Jayne Follows was made redundant with immediate effect. This action prompted her to file a legal case against Nationwide, alleging sex and disability discrimination, as well as unfair dismissal.
The employment tribunal - chaired by Employment Judge Mark Emery - ruled in favour of Ms. Follows, upholding her claims of disability discrimination and unfair dismissal. The tribunal found Nationwide's decision to eliminate home-working posts to lack a factual basis in evidence. It was determined that the decision was rooted in subjective impressions rather than a comprehensive analysis of business needs or consideration of alternative approaches.
The tribunal emphasized that Nationwide had made up its mind about eliminating home-working posts without assessing the actual business need for on-site Senior Lending Managers (SLMs). Additionally, they failed to consider alternative approaches that would accommodate employees' individual circumstances while meeting the company's objectives.
Following the tribunal's decision, Jayne Follows was awarded £345,708 in compensation. This substantial sum reflects the financial impact and emotional distress caused by her unfair dismissal and the discrimination she faced.
