The background 

Mrs Howse originally worked for Game Theory Limited remotely from Australia. On 1 October 2019 she took up a position in Guernsey as Chief People Officer. 

On 3 July 2020 Game Theory Limited was notified of Mrs Howse’s pregnancy and discussions were held about maternity leave. Mrs Howse was to take paid leave from 1 January to 2 July 2021, and she travelled back to Australia for it. 

Mrs Howse maintains that a discussion was held where the CEO of Game Theory Limited (Guernsey) - Steve Pragnell – indicated that an extension of two months to the maternity leave would be feasible.  

However, Game Theory Limited refused to entertain this extension when it was later requested. 

Due to an extended back and forth over this disagreement Mrs Howse resigned on 6 May 2021 and elevated the issue to a Tribunal. 

During the tribunal’s concluding notes, it said:  

“The Tribunal finds that the discussion between the Applicant and Mr Pragnell is well recorded by the exchange of emails on 14 and 15 July 2020 and that there clearly was some discussion touching upon the possibility of an extension to the Applicant’s maternity leave. 

“Quite how that was to be implemented remains unclear, but there was, in the Tribunal’s view, a commitment to consider the possibility.” 

The Tribunal determined that an unreasonable refusal to consider the possibility of an extension amounted to a breach of Mrs Howse’s contract. 

Game Theory Limited 

Much was made during Tribunal about the working environment at Game Theory Limited and its approach to policy. 

While Mrs Howse argued that the company has a ‘no-policy’ approach to employment relations, the company’s CEO said the attitude was more akin to ‘anti-policy’. 

“I employ adults,” said Mr Pragnell. “They shouldn’t need to sign a form confirming they have read a document which explains what they should do if they are going to be 20 minutes late to the office.” 

The Tribunal said there was strong resistance by Game Theory Limited to comprehensive written policies and procedures. 

It said the management ethos and working environment operating at the time of Mrs Howse’s employment was high pressure and geared towards revenue generation. 

“The impression was that the Respondent tried to mimic the working practices of billionaire entrepreneurs from America. Sometimes this mean that the office atmosphere could be emotionally brutal and sometimes unpleasant.” 

Despite this, the Tribunal found that Game Theory Limited is a sophisticated employer with a “dedicated human resources function”. 

Discrimination 

The two claims of discrimination based on sex and a need for maternity leave were dismissed by the Tribunal. 

This was because the Tribunal found Game Theory’s actions were based on a “genuinely held belief that the Applicant did not intend to return to work in Guernsey”. 

However, it upheld the claim for constructive dismissal and awarded Mrs Howse £139,811.11. 

You can read the full Tribunal decision ONLINE.