Maternity discrimination results in a £67,000 payout at tribunal!

A senior technical employee who was replaced by an external consultant while on maternity leave has been awarded more than £67,000 after an employment tribunal ruled that her dismissal was unfair and discriminatory.

The tribunal concluded that the employer had already decided to remove the employee from her role before she returned from her second period of maternity leave. During her absence, a senior executive led a reorganisation of the technical function and brought in a male consultant to carry out the majority of her responsibilities.

Less than four weeks after returning to work, the employee was informed that her position was at risk of redundancy. However, the tribunal found that there was no evidence to support the employer’s explanation that the role had been eliminated as part of a restructure.

The judge described the redundancy process as a façade designed to justify her removal.

The employee had worked for the business for more than five years, beginning in 2016. She took her first year-long maternity leave in 2017, during which a temporary replacement was appointed. She became pregnant again in 2019, shortly before the company entered administration, although one division continued trading and retained her employment.

During her second pregnancy, she reported to a new manager. When she notified him of her pregnancy, he decided not to appoint maternity cover initially. However, as the Covid-19 pandemic progressed, the business reversed this decision and arranged interim technical cover during part of her maternity leave, which began in mid-2020.

While the employee remained on maternity leave, the technical department was restructured. The tribunal found that these changes were deliberately designed to make it appear that her role no longer existed. Her duties were redistributed, and although her managerial position was effectively removed, it remained on organisational charts so as not to alert her during her protected maternity period.

She returned to work in late June 2021. In July, she attended a virtual meeting where she was told her role was at risk. She later told the tribunal that the news came as a shock and caused significant distress.

The employer proposed removing her position and creating a more senior technical leadership role. Internal HR documents prepared in advance included scripted responses to anticipated questions about whether the consultant had been hired to replace her.

At her final consultation meeting in late November, she rejected the proposed role and stated that she could not continue under the circumstances, describing the process as unfair and discriminatory. Her employment was terminated in early December. Shortly afterwards, the newly created senior technical role was advertised and later filled by the consultant.

The tribunal awarded the employee £67,801.88 in compensation, including £20,000 for injury to feelings arising from maternity-related discrimination and unfair dismissal.

The tribunal ruled that there was no genuine redundancy, as the need for the employee’s work had not diminished. It concluded that the real reason for her dismissal was the employer’s desire to replace her and that she had been treated unfavourably because she exercised her right to maternity leave.

This case demonstrates the importance of clear documentation and transparent decision-making in redundancy processes. A redundancy cannot be genuine where an employee is simply replaced by another individual. Should you have any maternity related questions, contact 121 HR Solutions on 0800 9995 121.

Maternity discrimination results in a £67,000 payout at tribunal!

121 HR Solutions Ltd