£27,000 for nurse forced out after asking to go part-time

Kate Wellesley, 38, said she was made redundant by Dr Dee Dawson, a leading expert on childhood anorexia and bulimia, after requesting a cut in her hours.

Instead of being supportive, Dr Dawson, who runs the Rhodes Farm Clinic, in North London, allegedly told Mrs Wellesley she should pay for a nanny rather than reduce her hours.

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Mrs Wellesley was later made redundant and mounted a legal challenge against Dr Dawson for unfair dismissal.

But, ahead of a four-day employment tribunal this week, she agreed to accept £27,000 compensation in an out-of-court settlement.

The case once again highlights the dilemma faced by small employers who have been left open to legal action by the Government's new maternity leave and working rights.

By law, mothers are entitled to 12 months' statutory maternity leave and in April Labour extended the period of paid maternity leave from six to nine months.

The move was criticised by small firms which claim they are being crippled financially by the regulations.

Mrs Wellesley, whose husband, Mark Donkin, 39, is a police officer, said problems began in August last year when she returned to work following 12 months maternity leave after the birth of their third child, Sam, now 22 months.

The mother of three, who has two older boys, Harry, six, and Miles, four, said she was finding it hard to cope and requested to work part-time.

But when she asked for her shifts to be reduced, from three 12-hour days to two 12-hour days, her request was ignored.

Instead Dr Dawson wrote to Mrs Wellesley, who worked at the clinic for 16 years, suggesting her failure to pay for a nanny, rather than her working hours, was behind her problems.

In a letter, Dr Dawson said: "Trying to work full-time with three such young children without a nanny is obviously going to be difficult.

"It is your reluctance to pay for child-care and not our rota which is causing you problems."

Five weeks after returning to work, in September last year, Mrs Wellesley was made redundant by Dr Dawson, who claimed she had to get rid of a nurse because of falling patient numbers.

Mrs Wellesley said: "In the end, Dr Dawson said the numbers of patients had dropped so much that she was forced to make a nurse redundant and she chose me.

"But her attitude towards me became very hostile when I asked to go part-time and I knew this was the real reason. I was very upset.

"I decided to fight it because I felt she had deliberately obstructed my childcare arrangements in an attempt to make my position untenable.

"When this failed, she made me redundant."

After the settlement, Mrs Wellesley said she was satisfied with the level of compensation, but added: "I feel I've sold women down the river by not going ahead with the case but I couldn't face the stress of a four-day hearing.

"I've had nine months of worry and illness over this already but I believe women have the right to have children and go out to work."

Last night Dr Dawson admitted she did not want Mrs Wellesley, from St Albans, Hertfordshire, to reduce her hours but said she had no choice but to let her go.

She added: "It is true that I wanted Kate to work three shifts a week for the sake of continuity for our patients.

"But when my patient numbers dropped I had no choice but to make someone redundant. I agreed to this settlement because I have been stressed out by this case hanging over me.

"I also wanted to attend my daughter's graduation ceremony which I would have had to miss if this tribunal had gone ahead."