
Mrs Sethi was married to the son of her employers, who were Mr and Mrs Sethi senior, the owners and directors of Greentech. She was due to return to work after additional maternity leave on 1 March 2007. In the meantime her marriage broke down.
In January 2007 she wrote asking for information about her return to work. Despite three subsequent letters she received no reply from Mr Sethi senior.
He stated at that the Tribunal that he did not reply as she was divorced from his son it was inappropriate for her to return. He believed that she did not want to return and had resigned.
The Employment Tribunal found it was clear from the correspondence that Mrs Sethi did not intend to resign and by refusing to answer her letters there had been a breach of the implied term of trust and confidence which resulted in Mrs Sethi’s dismissal.
The dismissal related to her pregnancy, maternity leave and intention to return and therefore amounted to direct sex discrimination. She was awarded £6,000 for injury to feelings.
Sethi v. Greentech International Limited (2008)