Maternity leave is supposed to be a time of bonding with your baby, not stressing about your job security. You shouldn’t have to choose between starting a family and keeping your job. Yet for some new parents, that’s exactly what happens – they return to work only to find out they’ve been replaced, made redundant, or unfairly dismissed. If this has happened to you, you’re not alone, and more importantly, you have legal rights.
Know Your Rights
Being let go while on maternity leave isn’t just unfair, it could be illegal. The Equality act 2010 and the Maternity and Paternity Leave Regulations 1999 protects employees from being dismissed or treated unfairly due to pregnancy or maternity leave.
If you’ve been dismissed while off with your baby, your employer must have a genuine, non-discriminatory reason and they need to prove it. If the dismissal is in any way connected to your pregnancy or maternity leave, it could be classed as automatic unfair dismissal and pregnancy discrimination. In other words, you may have a strong legal case to fight back.
What are Valid Reasons for Dismissal During Maternity Leave?
There are certain situations where an employer may legally dismiss an employee while they are on maternity leave, such as:
- Redundancy: If your role is genuinely redundant, your employer must follow a fair process and offer you any suitable alternative roles available.
- Misconduct: If there is clear evidence of gross misconduct, your employer may dismiss you, but they must follow proper disciplinary procedures.
- Business Closure: If the company is shutting down, they may terminate employment contracts, but proper redundancy procedures must be followed.
However, even in these cases, your maternity leave should not be the reason for your dismissal.
What Should I Do If I Have Been Unfairly Dismissed?
Request Written Reasons for Your Dismissal
Your employer is legally required to provide written reasons for your dismissal if you were let go while pregnant or on maternity leave. This can help determine if your dismissal was fair or discriminatory.
Raise a Grievance
If you believe your dismissal was unfair, you should first raise a formal grievance with your employer. This gives them a chance to resolve the issue before legal action is taken.
Contact ACAS for Early Conciliation Before making a tribunal claim, you must contact ACAS (Advisory, Conciliation and Arbitration Service) for early conciliation. ACAS will try to resolve the dispute between you and your employer without going to court. ACAS must be contacted within the first three months less one day from the date of your dismissal. This is considered to be the start of your legal claim.
Make a Claim to an Employment Tribunal
If your case isn’t resolved through ACAS, you may be able to bring a claim for unfair dismissal and/or pregnancy discrimination to an employment tribunal. You must act quickly, as tribunal claims have strict time limits.
Contact Us Today
If you have been dismissed while on maternity leave and believe it was unfair, speaking with an employment law solicitor can help you understand your rights and explore your option. For more information, call us on 01642 843 667; alternatively, complete our online contact form and one of our employment solicitors will be in touch.
