Constructive dismissal after pregnancy: demotion and theft allegation led to resignation

What this case shows in practice

This case illustrates how a series of seemingly small actions by an employer—starting shortly after an employee announces pregnancy—can add up to constructive dismissal and discrimination. The employee, an executive and HR assistant with five years' service, told her employer she was pregnant in February 2019. Almost immediately, the attitude of her manager, Dr Akbar, changed. She was signed off with pregnancy-related stress, and the employer stopped her sick pay. During her maternity leave, the employer repeatedly tried to hold an investigatory meeting about an anonymous allegation that she had taken food home without paying. She declined due to caring for her newborn.

When she returned from maternity leave in May 2020, she found her HR duties had been removed and she was given clerical and housekeeping tasks. Within days, she was given a verbal warning for 'food stealing' without a disciplinary hearing. Her appeal was not dealt with for over six months, and when it was, the manager simply said the warning had expired—without addressing the substance. She resigned in February 2021, citing the hostile environment and loss of trust.

What the losing side could have done differently

The employer could have avoided liability by treating the employee fairly. First, it should not have pursued a disciplinary investigation during her maternity leave unless there was a pressing business reason—there was none. Second, on her return, she was entitled to her old job back, not a demotion. Third, the theft allegation should have been handled through a proper disciplinary process with a hearing and a right of appeal. The employer's failure to follow the ACAS Code led to a 25% uplift on compensation. A fair process might have shown the warning was unjustified, or at least limited the damages.

Why the result matters for similar claims

This case is a reminder that pregnancy and maternity are protected characteristics, and employers must not allow negative attitudes to influence how they treat employees. The tribunal found that the letters sent during maternity leave inviting her to an investigation meeting amounted to harassment related to sex. The removal of duties on return was discriminatory. For employees, it shows that constructive dismissal can succeed when the employer's conduct is a series of acts that cumulatively breach the implied term of trust and confidence. The award of £32,028 reflects the financial impact of the dismissal and the employer's unreasonable behaviour.