A MOTHER who worked part-time after having a baby has won a key legal ruling against one of the City’s top law firms over her right to flexible hours.

Michelle Langton, who was a senior manager at Herbert Smith, a leading international law firm, was put under pressure to stop working from home and to resume full-time hours soon after returning from maternity leave.

She was paid £36,600 a year for working about 2½ days a week including half a day at home. But she was made redundant in January last year while pregnant with her second child.

Yesterday Mrs Langton, 34, had her claim for unfair dismissal, sex discrimination and contravention of part-time work regulations upheld.

Mrs Langton, who was supported by the Equal Opportunities Commission, was awarded about £40,000 by an employment tribunal in July and the firm was instructed to re-employ her part-time.

Yesterday Herbert Smith failed in its appeal against the ruling although the Employment Appeal Tribunal upheld one appeal against a claim of victimisation. The earlier tribunal found that one of the firm’s senior partners, Paula Hodges, victimised Mrs Langton while the grievance was under investigation.

The tribunal was told that Mrs Langton, who reported to the head of IT, returned from maternity leave in April 2002 to work part-time. But in September 2003 she came under pressure from George Kalorkoti, her new line manager, to resume full-time hours.

She claimed that she was told there was “no flexibility” for her to continue some work from home and that her childcare responsibilties were not the firm’s concern. Mr Kalorkoti also allegedly told Mrs Langton that her future career at the firm depended on whether she was “planning on having any more children”. Mrs Langton complained and lodged proceedings under the Sex Discrimation Act 1975 to challenge the firm’s treatment.

The commission said yesterday that the ruling was highly significant because it concerned a senior, highly paid, manager. Similar cases in the past had tended to concern lower-paid staff, a spokesman said.

Jenny Watson, acting chairwoman of the commission, said: “We are delighted. This sends a clear message that companies must treat part-time workers fairly regardless of seniority. Forward-looking firms find that part-time and flexible employment practices can lead to better morale, higher motivation, lower staff turnover, better productivity and less burn-out.”

A spokesman for Herbert Smith said: “We are disappointed. We are today seeking leave to appeal from the Court of Appeal. Flexible working and female retention are important issues for the firm.”

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