Returning to work after maternity leave can be a big adjustment – you’re juggling a new routine, missing your baby, and trying to get back into the swing of things. The last thing you expect is to be told your job no longer exists, that you’ve been replaced, or that you’re suddenly “not the right fit”. It’s unfair, upsetting and in many cases unlawful.

If you’ve been dismissed after returning from maternity leave, you’re not alone and you don’t have to simply accept it. The UK law offers protection for employees in this situation, and if your dismissal is linked to your maternity leave, you may have grounds for unfair dismissal and maternity discrimination. Here’s what you need to know about your rights and the next steps you can take.

Know Your Rights

UK employment law provides strong protections for employees returning from maternity leave. Under the Equality Act 2010 and the Maternity and Parental Leave Regulations 1999, it is unlawful for an employer to dismiss or treat an employee unfairly because they have taken maternity leave.

If your dismissal is linked to your maternity leave, even indirectly, it could be classed as automatic unfair dismissal and pregnancy/maternity discrimination. Your employer must prove that your dismissal was due to a legitimate reason and not because of your return from maternity leave.

Can My Employer Dismiss Me After Returning From Maternity Leave?

Your employer can’t dismiss you simply because you’ve been on maternity leave. Under the Equality Act 2010 and the Maternity and Parental Leave Regulations 1999, you’re protected from being treated unfairly due to pregnancy, maternity leave, or recent childbirth. However, an employer can dismiss you for a fair and legal reason, such as:

Redundancy

 If your role is genuinely redundant, your employer can lawfully dismiss you. However, they must follow a fair redundancy process that includes:

• Providing a clear explanation of why the role is no longer needed
• Consulting with you about the redundancy process and any possible alternatives
• Offering you a suitable alternative role within the company if one is available

Misconduct

An employer may dismiss you if there is clear evidence of gross misconduct, such as fraud, theft or serious breaches of company policies. However, they must:

• Carry out a thorough investigation into the alleged misconduct
• Follow proper disciplinary procedures, including giving you a chance to respond to any allegations
• Apply their policies fairly and consistently to all employees.

If you’re dismissed without a proper investigation or given no opportunity to defend yourself, you could have a case for unfair dismissal.

Business Closure

If the company is shutting down, your employer may lawfully terminate employment contracts. This could be due to:

• The business closing entirely
• The company entering administration or liquidation

While a business closure is generally a lawful reason for dismissal, your employer must still follow redundancy procedures, including offering notice pay and any owed redundancy pay if you meet the eligibility criteria.

If your dismissal doesn’t follow these legal requirements, or if you suspect your maternity leave played a role in the decision, you may have grounds for unfair dismissal or maternity discrimination.

What If My Employer Says I No Longer Have a Job After Maternity Leave?

If you return from maternity leave and are told your job is no longer available, you should not accept this at face value.

• If your role still exists, your employer must allow you to return to it.
• If your role has changed, you should be offered a suitable alternative position with the same terms and conditions.
• If your employer fails to do this, you may have grounds for unfair dismissal or discrimination.

You can challenge your dismissal by raising a grievance with your employer or seeking legal advice.

What Should I Do If I Think My Dismissal Was Unfair?

If you suspect your dismissal was unfair or discriminatory, here are some steps to take:

Request Written Reason for Your Dismissal

Your employer is legally required to give you a written explanation if you were dismissed while on maternity leave or after returning, this will help determine if your dismissal was lawful.

Raise a Formal Grievance

If you believe your dismissal was unfair, you can submit a grievance in writing to your employer. This gives them a chance to reconsider before legal action is taken.

Contact ACAS

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.

Make a Claim to an Employment Tribunal

If the issue isn’t resolved through ACAS, you may be able to bring a claim for unfair dismissal and/or maternity discrimination. Usually, you have three months less one day from the date of your dismissal to make a claim.

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.