Finance Manager loses redundancy and discrimination claims after returning from maternity leave

A redundancy that survived legal scrutiny

This case shows that a redundancy process carried out shortly after an employee returns from maternity leave can still be fair, provided the employer has a genuine business reason and follows a proper procedure. The Finance Manager, who had seven years' service, was made redundant as part of a wider restructure of the finance function. All Finance Manager roles were removed, and she was offered a Management Accountant position, which she declined.

The tribunal carefully examined whether the redundancy was a pretext for discrimination linked to her maternity leave or flexible working request. It concluded that the restructure was genuine and that the claimant was not singled out. The flexible working request had been granted, and there was no evidence that the redundancy decision was influenced by her maternity or her grievance.

What the employer did right

The respondent had a clear business case for the restructure and consulted with the claimant. It offered an alternative role, which she turned down. The tribunal noted that the claimant herself requested early release from her notice period to start a new job, which undermined her wrongful dismissal claim. The grievance process was also found to be adequate.

Why this matters for similar claims

Employees returning from maternity leave are protected from discrimination, but that protection does not make them immune to genuine redundancy. Employers must still follow a fair process and be able to show that the redundancy is not a sham. For claimants, this case highlights the importance of gathering evidence that directly links any adverse treatment to a protected characteristic or act. Without such evidence, even a sympathetic set of facts may not succeed at tribunal.