Ms Carcianiga requested flexible working on return from maternity leave. Her request was rejected. She resigned and claimed unfair constructive dismissal and sex discrimination. Her claims were dismissed by the chairman of the Bury St Edmunds tribunal at a preliminary hearing as being out of time.

Her appeal to the EAT has been dismissed. Her argument that her resignation letter amounted to a statutory grievance and that therefore time was automatically extended failed as it did not contain any indication of any complaint such as those she presented to the tribunal.