An employment tribunal has upheld a maternity discrimination claim after a high-performing saleswoman was denied the chance to return to her former role following maternity leave.
Background
During her maternity leave, the employee was contacted by the new head of sales for a “mum-to-mum” chat and told that she would not be returning to her former role in the web sales team. Instead she was placed in a different sales role under a new KPI structure, which caused a “disastrous” £41k drop in her annual income.
Her employer (Bright HR, part of the Peninsula Group) argued this was based on performance. The tribunal disagreed, finding that she’d been denied the opportunity to succeed and her treatment was “disadvantageous” and “intimately connected” to her maternity leave. The tribunal found no evidence to suggest she wouldn’t have continued her strong performance and had it not been for her maternity leave, she’d have still been in her previous role.
Practical takeaways
This case is a stark reminder of the rights and protections in place for those returning from maternity leave…
26 weeks or less is taken – employees are entitled to return to the same job.
More than 26 weeks is taken – employees are entitled to return to the same job unless it’s not reasonably practicable, in which case they should be offered suitable role on no less favourable terms.
Clear documentation – ensure policies are well communicated and any decisions (especially where role changes are involved) are clearly evidenced and objectively justified.
Manager training – your policies are part of the picture. Managers need regular training to ensure they can confidently apply them in practice and support employees returning from maternity leave. Returning to work is a difficult enough transition – poor communication or informal conversations can easily make it more challenging.
Don’t forget – there are now changes to protect those taking family-friendly leave (or are pregnant) in a redundancy situation so that they get priority for any suitable alternatives which exist.
Get in touch if you’d like to chat with us about anything covered in this case.
This update is accurate on the date it was published but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
