MINISTRY OF DEFENCE SUED OVER MATERNITY LEAVE FITNESS TEST BAN

The Ministry of Defence faced legal action over a Royal Navy policy that prevents servicewomen from undertaking fitness assessments required for promotion during the two years following childbirth. Petty Officer Emma Upton-Webb sought to begin officer training at the Britannia Royal Naval College approximately nine months after giving birth but was denied entry to the course. The Navy prohibited her from completing a 2.4-kilometre run, a mandatory fitness test for the training programme. Ms Upton-Webb characterised the existing policy, which applies "less onerous fitness requirements" to female sailors returning from maternity leave, as inherently discriminatory.

Ms Upton-Webb initially rejoined the Royal Navy in October 2018 after previous service and was accepted for officer training in 2020. A training injury and subsequent traffic accident delayed her progression, but she completed the academic components of the course and was commissioned as Sub-Lieutenant. She became pregnant in January 2022, shortly before she was due to undertake the practical sea training element in May that year. Senior officers informed her that she would be downgraded back to Petty Officer and told her there was limited value in continuing her academic training given the extended delay before she could complete the remaining components.

Ms Upton-Webb brought claims of direct and indirect sex discrimination against the Ministry of Defence at Southampton Employment Tribunal. The tribunal rejected her case. The Royal Navy's maternity policy remains in effect, applying modified fitness standards across a two-year period following childbirth to protect the health of returning servicewomen.