Miscarriage welder's legal fight delayed

16 September 2004 18:19

A woman's three-year legal battle with her family's own firm has suffered a further delay.

A three-strong appeal tribunal panel postponed its deliberation of the case of welder Suzanne Bunning, who suffered a miscarriage in November 2001.

Miss Bunning, 29, blamed stress from working for the family's agricultural engineering business GT Bunning & Sons for the loss of her unborn child.

A series of industrial tribunals followed, causing a public rift in the family.

Last December Miss Bunning won a sexual discrimination claim against the firm, which is based at Gressenhall near Dereham.

A further claim for unfair dismissal was rejected, but a tribunal held in London in April gave her leave to appeal against the decision.

The appeal was heard in London on Thursday but the panel reserved its decision, which is expected to be released within a fortnight.

Representing Miss Bunning at the tribunal, Beverley Lang QC said: “She was pregnant, she felt vulnerable, she felt upset and she needed support, but she felt she was not getting this support.”

Miss Bunning, who has now moved to Wales, was employed as a welder at the firm when she found out she was pregnant in September 2001.

She asked the company to review her working conditions, claiming they were unsafe for a pregnant woman.

A risk assessment found she was at medium risk, but Miss Bunning felt she had not been consulted as part of the assessment.

She was then moved to a job in the store room, but this required heavy lifting and being on her feet for 12-hour shifts.

She resigned on December 5, 2001, not long after suffering the miscarriage.

Ms Lang condemned the risk assessments as inadequate. She said: “The inadequate stores assessment also led to an environment which was at risk to her safety.”

Ben Collins representing the firm said the decision of the previous tribunal had been the right one, and any re-hearing would be unfair.

Miss Bunning now has a 10-month old baby, Joy, with partner Tom Fletcher, who represented her at a previous appeal tribunal.

Speaking after the tribunal he said: “We remain optimistic about the result as we have all the way through.

“It is not the law that has let us down, it's people.”

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