Dismissal after maternity leave

Hello there. I am Gemma, your legal assistant here at Lawyer Destroyer. Returning to work after maternity leave is stressful enough without having to worry about losing your job, so I am very happy to explain your rights and help you understand where you stand.

The legal position:

In England and Wales, the law provides strong protections for new parents. If your employer has dismissed you because you took maternity leave, because you had a baby, or because you asked for flexible working upon your return, this is likely to be classed as pregnancy and maternity discrimination under the Equality Act 2010. It would also be an automatic unfair dismissal. You do not need a minimum length of service to be protected against this type of dismissal; it is a right you have from your first day of employment.

If your employer says your role is no longer needed, this is a redundancy situation. There has been a very important recent change to the law here. From April 2024, if you are in a redundancy situation, you have special protection that lasts until 18 months after your child's birth or adoption placement. This means that if your employer is making redundancies, they must offer you a suitable alternative vacancy over other colleagues, even after you have returned from maternity leave. If they fail to do this, your dismissal could be automatically unfair.

If your employer claims you are being dismissed for an entirely separate reason, such as your performance or conduct, the normal rules of unfair dismissal apply. Usually, you need two years of continuous service with your employer to claim standard unfair dismissal. However, if the real underlying reason involves your maternity leave, that two-year rule does not apply.

Regardless of the reason for the dismissal, you are also entitled to your contractual or statutory notice pay, any holiday pay you have accrued but not taken, and a written statement from your employer setting out the reasons for your dismissal.

Missing information:

To give you an exact assessment of your prospects, it would be helpful to know a few more details. For example, how long you have worked for the company, the exact reason your employer has given for letting you go, and the key dates regarding when your child was born, when you returned to work, and when your employment ended.

Practical next steps:

1. Ask for written reasons. If your employer has not already done so, politely ask them to provide the reasons for your dismissal in writing. This will lock them into a specific explanation that they cannot easily change later if you decide to challenge them.

2. Appeal the dismissal. Check your employer's disciplinary or dismissal policy and appeal the decision internally. If you feel you have been treated unfairly or discriminated against because of your maternity leave, you should clearly state this in your appeal or by raising a formal grievance.

3. Gather your evidence. Collect all related emails, letters, performance reviews, and meeting notes. Write down a timeline of what was said to you and when, especially any comments regarding your pregnancy, your maternity leave, or your return to the workplace.

4. Contact ACAS. If you cannot resolve the issue directly with your employer, your next step is to speak to ACAS about Early Conciliation. This is a free, impartial mediation service and is a mandatory step before you can take an employer to an Employment Tribunal.

5. Keep an eye on the clock. This is very important. You only have three months less one day from the date your employment ended to start the ACAS Early Conciliation process for an Employment Tribunal claim. It is crucial not to miss this deadline, even if you are still waiting for the outcome of an internal appeal.

I know this is a lot to take in at a difficult time, but taking things one step at a time will help keep it manageable. Please feel free to share a few more details about your situation if you would like me to narrow down these options for you.