Dismissed for taking maternity leave: automatic unfair dismissal and discrimination
A tribunal found that a former employee was automatically unfairly dismissed and discriminated against after being told she was dismissed because she took maternity leave. She was awarded £19,728.16.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was dismissed by Mr Jon Janvier because she took maternity leave.
- The claimant had two years two months service at the time of dismissal.
- The claimant's complaint of maternity discrimination under Section 18(4) Equality Act 2010 succeeded.
- The claimant's complaint of victimisation under Section 27 Equality Act 2010 failed.
- The respondent did not appear at the hearing.
Timeline
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Payment by respondent
John Janvier paid £1,200 to the claimant.
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Date of discrimination
The claimant was dismissed by Mr Jon Janvier because she took maternity leave.
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Claimant found new employment
The claimant started new employment, ending the loss of earnings period.
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Hearing day 1
Employment Tribunal hearing commenced in Liverpool.
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Hearing day 2 and judgment
Employment Tribunal hearing concluded and judgment was given.
The legal issue
The tribunal had to decide whether the claimant was automatically unfairly dismissed under section 99 of the Employment Rights Act 1996 and discriminated against under section 18(4) of the Equality Act 2010 because she took maternity leave, and whether she was victimised for requesting a reference.
The outcome
The tribunal upheld the claims of automatic unfair dismissal and maternity discrimination, finding that the claimant was dismissed because she took maternity leave. The victimisation claim failed as there was insufficient evidence that the respondent's failure to provide a reference was due to a protected act.
Compensation awarded:
- Loss of earnings: £8,664.00 (net, for 7.5 months until she found new employment)
- Interest on loss of earnings: £989.35
- Injury to feelings: £9,000.00 (top of lower Vento band)
- Interest on injury to feelings: £1,027.73
- Holiday pay: £997.08
- Loss of statutory rights: £250.00
- Less payment made by respondent: £1,200.00
- Total: £19,728.16
Lessons & takeaways
- Dismissing an employee because they take maternity leave is automatically unfair and discriminatory, regardless of the employer's size or resources.
- Employers who fail to attend a tribunal hearing risk having a judgment made against them without the chance to present their side.
- Claimants can recover compensation for injury to feelings, loss of earnings, and holiday pay when maternity discrimination is proven.
- A failure to provide a reference does not automatically amount to victimisation unless there is evidence linking it to a protected act.
This case shows the strong legal protection afforded to employees who take maternity leave. The claimant, a former employee of Jon Janvier and Energy Saving Installers Ltd, was dismissed shortly after starting her maternity leave. The tribunal found that the reason for dismissal was her maternity leave itself, making it both an automatically unfair dismissal and an act of maternity discrimination.
What the employer did wrong
The respondent did not attend the hearing or provide any evidence. The tribunal accepted the claimant's account that she was told she was dismissed because she took maternity leave. This is a clear breach of the law. Employers should be aware that dismissing someone for taking maternity leave is never justified and will almost certainly lead to a finding of automatic unfair dismissal and discrimination.
Why the result matters
This case reinforces that maternity leave is a protected period. Employees cannot be penalised for exercising their right to take time off after having a baby. The compensation awarded reflects the financial loss, the emotional impact, and the loss of holiday pay. The award of £9,000 for injury to feelings was at the top of the lower Vento band, acknowledging the distress and humiliation caused.
The victimisation claim failed because the claimant could not prove that the failure to provide a reference was linked to her maternity leave. This highlights that not every negative act after a protected period will be unlawful—there must be evidence of a causal connection.
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