A WOMAN from Caernarfon did not have a “pregnancy risk assessment” arranged for her by her then-employer until three months after she had first disclosed her pregnancy.

Cat Shorney-Jones had claims of pregnancy and maternity discrimination, and one of victimisation, upheld after taking the MS (multiple sclerosis) Society to an employment tribunal.

She was employed by the MS Society as an information and support officer in North West Wales from June 2019 to September 2023.

The tribunal heard that, in 2020, Mrs Shorney-Jones secured funding for the “Pontio project”, which supported people living with MS in Wales until it came to an end in 2023.

Mrs Shorney-Jones and her colleagues on the project had concerns about the information being given about its closure to the service’s users, who were also upset by it discontinuing.

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On April 26, 2023, Mrs Shorney-Jones informed the MS Society for the first time that she was pregnant, in what was her third pregnancy.

In an email, she wrote: “It has been quite a difficult and uncertain pregnancy so far, with a few complications over the last few weeks.

“Whilst we are not out of the woods yet, everything is OK at the moment, and I am being well looked-after and now consultant-led, as this is a high-risk pregnancy due to my previous pregnancies.”

Dan Liddiard, HR adviser at the MS Society, emailed her the following day to say that a member of staff would be in touch to discuss “a few things, including a risk assessment”.

In his email, he attached a copy of the company’s Family Friendly Policy, which states: “As soon as a pregnant employee has notified HR of their pregnancy, HR will arrange for a risk assessment to be carried out.”

But an email from Mrs Shorney-Jones’ line manager, Adele Gilmour, to Mr Liddiard the following week read:  “Do I need to do a risk assessment on Cat now that we know she is pregnant and a high-risk pregnancy?”

Mrs Shorney-Jones was then told she would need to receive her MAT B1 form (a certificate enabling an employee to claim statutory maternity pay) before a risk assessment could be carried out.

On July 13, 2023, Mrs Shorney-Jones emailed Shelley Elgin, country director for Wales and her acting line manager at the time, regarding the closure of the Pontio project.

She wrote: “We have to deal with emotional clients/volunteers on a weekly basis who are incredibly upset about the closure of this project.

“It feels like the organisation has completely given up on the project, is not listening to its community, and it is becoming harder and harder to do our jobs.

“Not because we can't, but because so many of our conversations are even more emotive than usual.

“I know we are meant to signpost any complaints/concerns to you, but we are not getting consent from clients to do this as they have lost faith and trust in the organisation.”

Ms Elgin was then informed that HR had arranged for Mrs Shorney-Jones’ risk assessment, which typically takes about half an hour to complete, to take place on July 26, 2023.

On July 25, though, Mrs Shorney-Jones submitted a sick note signing her off work due to “work-related stress affecting pregnancy” until August 8.

She then emailed numerous members of staff on August 1 saying she felt “bombarded” by the amount of correspondence from them since she had been signed off work, and asked for any emails to her personal account to be “streamlined”.

A day later, Mrs Shorney-Jones was told that HR could not complete her maternity request form until she returned to work.

Though, at the tribunal, Caroline Woolley, head of HR, accepted it would have been possible to do so without her, providing the MS Society had all of the relevant information.

On August 7, Mrs Shorney-Jones was signed off work again, until September 4, due to “stress at work affecting pregnancy”.

But she never returned to the MS Society, signed off work again until October 8 but, in any event, having her employment ended following the closure of the Pontio project on September 30.

Employment Judge Russell found that the MS Society had shown a “lack of care” to Mrs Shorney-Jones after she herself had admitted the situation was causing her anxiety.

Delays in escalating Mrs Shorney-Jones’ grievances were also considered an act of pregnancy and maternity discrimination, and of victimisation, on the MS Society’s part.

The judge added: “We were not provided with cogent evidence to explain why, for almost three months, an appointment had not been arranged with the claimant to undertake a risk assessment, and especially when the respondent had been aware of the claimant’s ill health.”