A female sailor has lost her bid to sue the Ministry of Defence for sex discrimination after she was prohibited from taking a fitness test required for promotion due to having recently given birth. The employment tribunal dismissed the case, concluding that the Royal Navy's policy, which restricts servicewomen from certain fitness tests for up to two years after childbirth, was implemented for safety reasons.
Petty Officer Emma Upton-Webb argued that the policy, which prevented her from enrolling in an officer training course at the Britannia Royal Naval College nine months after giving birth, constituted direct and indirect sex discrimination. The course included a 1.5-mile run, a fitness test standard for entry.
Royal Navy policy states that servicewomen returning from maternity leave are afforded 'less onerous fitness requirements' post-childbirth to safeguard their health. Ms. Upton-Webb's case was heard at the Southampton Employment Tribunal. She had rejoined the Royal Navy in 2018 and was accepted for officer training in 2020. However, injuries and a traffic accident led to her being downgraded to 'Medically Not Deployable' at one point, though she completed the academic portion of the training.
She was promoted to Sub Lieutenant, an officer rank, but became pregnant in January 2022, prior to the second half of her training. Senior officers informed her that her rank would be downgraded back to Petty Officer and that continuing the academic training would be of little benefit due to the impending need for sea training, which she would be unable to undertake until after her child was born.
Ms. Upton-Webb went on maternity leave in July 2022, gave birth in the summer of 2022, and returned to work in March 2023. Upon seeking to complete the officer training course, she was informed it might pose a risk. A Surgeon Commander consulted by her superior noted that another woman who took the course 14 months postpartum struggled due to significant bodily changes after childbirth, expressing concern about anyone undertaking the training before the 12-month mark.
The Navy's policy outlines that for two years following childbirth, servicewomen will use the Rockport Walk (a one-mile walk) as part of their fitness assessment, unless they request to take the maximal fitness test (a 2.4 km run) with specific medical clearance. The tribunal heard that the 2.4 km run was the required standard for entry into the Britannia Royal Naval College.
Ms. Upton-Webb was denied the opportunity to take the 2.4 km run and was subsequently refused entry to the course, with instructions to reapply 24 months after giving birth. She contended that this denied her career progression and claimed male colleagues received tailored courses when medically unfit.
Employment Judge Keith Richardson ruled that Ms. Upton-Webb had not received less favourable treatment objectively. He also determined that her demotion from Sub Lieutenant back to Petty Officer was not sex discrimination. Ms. Upton-Webb, who remains in the Navy, has stated her intention to appeal the tribunal's decision.