A little over a year ago, we reported on the case of Alice Thompson who was awarded more than £180,000 over a refusal by her employer to accommodate a flexible working request.
She won that claim because the ultimate reason for her requirement was her childcare obligations and the Tribunal found that the employer has been unreasonable in rejecting the request.
In a similar case, Donna Patterson has recently been awarded £60,000 after a Tribunal found that her employer had acted in a similarly discriminatory way on her return from maternity leave.
In his latest article, Employment Solicitor Chris Dobbs looks at this case in more detail and outlines what employers should take away from it.
What are your rights when returning to work after maternity leave?
All employees have the right to 52 weeks maternity leave split into 26 weeks of ordinary maternity leave and 26 weeks of additional leave.
If an employee takes only their ordinary maternity leave, they have the right to return to their job. While this is subject to other, legitimate ways to dismiss an individual, the right is relatively absolute.
An employee who takes additional maternity leave is entitled to return to a job which should be on the same terms as previously or a similar job on no worse terms than previously.
Ms Patterson’s Case
During her maternity leave, Ms Patterson’s employer, the supermarket Morrisons, had undergone a restructuring exercise.
It maintained that her old role no longer existed and required her to return to work and perform what was a full-time role in her original part-time hours.
She alleged she was told that if she could “prioritise things a bit better and get [her] head in the right place” it was doable.
Resignation and subsequent claims
After filing a grievance, Ms Patterson eventually resigned and submitted a claim for both constructive dismissal and discrimination on the basis of her sex plus related maternity claims.
What did the tribunal find?
The Employment Tribunal found that Morrisons had discriminated against Ms Patterson.
Documentary evidence under a data subject access request revealed plans to demote her related to her pregnancy and that the requirement she undertake the full-time role, as well as a reluctance to consider part days or home working, was also indirectly discriminatory on the basis of her sex.
Morrisons have indicated they may consider appealing the outcome.
How does this case affect employers?
Employment Solicitor Chris Dobbs said: "Firstly, it’s important to say well done to Ms Paterson who took on the case as a litigant in person with the support of the charity Pregnant Then Screwed.
Beyond that, this is an important case for employers not to forget about staff who are on maternity when undertaking restructures and reorganisation."
Our advice
Paul continues: "It’s all too easy, even where absent staff are not being ignored, to forget to factor them in and for these kind of claims to arise as a result.
Staff on maternity leave are not exempt from consultation if their terms might change and trying to impose them on their return can clearly prove highly problematic."
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Employment & HR Solicitors
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