Dismissed by email while on maternity leave: a conduct process that never happened

A 19-year career ended by a single email

This case shows how a complete failure of process can turn a routine employment relationship into a tribunal claim. The claimant had worked for 52 Street Events Supplies Ltd for 19 years without any disciplinary issues. While on maternity leave, she raised concerns about being underpaid and not receiving correct holiday pay. Instead of addressing those concerns, the managing director sent a dismissal email at 8am, alleging gross misconduct – without any investigation, disciplinary hearing, or opportunity for her to respond.

The tribunal found that the dismissal was not only procedurally unfair but also discriminatory. The claimant had been on maternity leave and had raised legitimate complaints about her pay. The employer's response was to terminate her employment summarily, ignoring her request for an appeal. The tribunal described the claimant as a credible witness who clearly valued her job for both financial independence and personal fulfilment.

What the employer could have done differently

The employer had several opportunities to avoid this outcome. A proper investigation into the alleged misconduct, a disciplinary hearing where the claimant could present her side, and a genuine appeal process would have been the minimum expected. Even if the employer believed there was a genuine issue, dismissing by email without any process was outside the range of reasonable responses. The tribunal also noted that the employer failed to provide written particulars of employment and underpaid statutory maternity pay and holiday pay – basic obligations that any employer should meet.

Why this matters for similar claims

This case is a reminder that employees on maternity leave have enhanced protection. Dismissing someone in these circumstances, especially without any process, is likely to be both unfair dismissal and discrimination. The compensation here included a 25% uplift because the employer failed to follow the ACAS Code of Practice on disciplinary procedures. For employees, it shows the importance of keeping records and raising concerns in writing. For employers, it underscores that cutting corners on process – particularly when an employee is on maternity leave – can be very costly.