In 2008, the Land Registry, in response to tightening budgets, opted to merge a number of its offices and reduce its staff levels accordingly. As an incentive to take voluntary severance, an early release scheme was devised, for which Mrs McGlue expressed an interest in 2009. At the time of her expression of interest, she was on a career break which was not due to end until 2013.

The Tribunal found, importantly, that upon reasonable notice, which would be in the nature of about a month, she could apply to return to her pre-existing work and would be entitled to do so. After her expression of interest was received, managers decided to exclude from the scheme those on career