An award-winning saleswoman claimed she was ‘laughed at’ by her new boss when she asked to return to her role after maternity leave.
The claimant worked for Manchester based Bright HR in the web sales department and lost her job while on maternity leave in 2022. She claimed she was earning around £65,000 before taking maternity leave, and on her return was offered a role paying around £24,000.
The tribunal heard that in May 2002, the claimant attended the company’s awards ceremony where she received two awards, including a ‘Millionaire Award’ after making £1.3m for the company in a year, without working the full 12 months.
In October 2022, she met with the new head of sales, to discuss her return to work. When the claimant mentioned returning to the same team, she claimed she was left feeling that “returning to the web team was a ludicrous idea”.
Employment judge Abigail Holt said: “It was irrational for the respondent not to redeploy their award-winning web team member, who only months earlier they had feted, back to the position where she had a track record of bringing in £1.3m in sales for them in less than a year.”
The tribunal did not conclude that the Head of Sales shouted at the claimant or was rude to her, as alleged, but it did find that her manner, was deliberately ‘defensive and potentially insensitive’ and that the claimant’s maternity leave was ‘fundamental’ to why she had not been able to return to her role.
The panel ruled that the claimant’s complaint of maternity discrimination was well-founded and a remedy hearing has been scheduled for a later date.
The case highlights the importance of managing maternity leave and return-to-work procedures. Employees on ordinary maternity have the right to return to the same job they had before. An employee on additional maternity leave has the right to return to the same job, or a suitable alternative job if a return to the same job is not reasonably practicable (e.g. because the job no longer exists).
If you’re an employer who requires further clarity with regards to maternity leave, or you have any other HR or Employment Law issue you would like to discuss, get in touch on 01942 727200 and speak to one of our experts or email enquiries@employeemanagement.co.uk.