Maternity discrimination: employer failed to pay contractual notice
A former employee on maternity leave was unfairly dismissed and denied two months' contractual notice. The tribunal awarded £7,229.68 including injury to feelings and corrected a miscalculation on reconsideration.
1 min read · Last updated 18 May 2026
Case details
- #maternity-discrimination
- #contractual-notice
- #unfair-dismissal
- #injury-to-feelings
- #reconsideration-granted
Key facts
- The claimant was employed by the respondent and was on maternity leave.
- The respondent failed to provide the claimant with two months' contractual notice.
- The claimant's unfair dismissal claim succeeded but she received no basic award.
- The claimant's maternity discrimination claim regarding contractual notice succeeded.
- The original award for financial loss was corrected on reconsideration from £4,460 to £5,666.67.
- The claimant was awarded £1,000 for injury to feelings and interest.
Timeline
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Claim presented
The claimant presented complaints of unfair dismissal, maternity discrimination, victimisation, and wrongful dismissal.
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Final hearing begins
The final hearing commenced at East London Hearing Centre via Cloud Video Platform.
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Judgment given
The tribunal gave oral judgment, finding unfair dismissal and maternity discrimination (contractual notice) well founded, and awarding £0 basic award, £1,196.17 compensatory award, £4,460 financial loss, £1,000 injury to feelings, and £459.60 interest.
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Written judgment sent
The written judgment was sent to the parties.
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Reconsideration application
The claimant applied for reconsideration, arguing the financial loss award was miscalculated.
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Directions issued
The tribunal issued directions, noting a provisional view that the application should be granted.
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Respondent's response
The respondent indicated no objection to reconsideration.
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Reconsideration hearing
The tribunal granted reconsideration and varied the award to £5,666.67 financial loss, £1,000 injury to feelings, and £563.01 interest.
The legal issue
The tribunal had to decide whether the employer's failure to pay two months' contractual notice to an employee on maternity leave was maternity discrimination, and whether the dismissal was unfair.
The outcome
The tribunal upheld the claims of unfair dismissal and maternity discrimination in relation to contractual notice, but dismissed claims of automatic unfair dismissal due to maternity, victimisation, and wrongful dismissal.
- Basic award: £0.00
- Compensatory award: £1,196.17
- Financial loss (maternity discrimination): £5,666.67 (corrected on reconsideration from £4,460)
- Injury to feelings: £1,000
- Interest: £563.01
- Total: £7,229.68
Lessons & takeaways
- Employees on maternity leave are entitled to the same contractual benefits, including notice pay, as they would receive if working.
- If you believe your employer has miscalculated your compensation award, you can apply for reconsideration within the time limits.
- Unfair dismissal claims can succeed even when automatic unfair dismissal claims fail, so it is worth pursuing both where appropriate.
- Keep records of all communications and contractual terms to support your claim for financial losses.
A maternity leave dispute over unpaid notice
This case highlights the importance of employers honouring contractual obligations during maternity leave. The former employee, who was on maternity leave, was dismissed and not paid the two months' contractual notice she was entitled to. The tribunal found that this failure amounted to maternity discrimination under the Equality Act 2010, as it was unfavourable treatment because of her maternity.
The dismissal itself was also found to be unfair. The employer did not follow a fair procedure, and the tribunal concluded that the decision to dismiss fell outside the range of reasonable responses. However, the claim for automatic unfair dismissal due to maternity was dismissed, as was the victimisation claim.
What the employer could have done differently
The employer could have avoided liability by paying the contractual notice as required and by following a fair dismissal process. The tribunal noted that the employer's actions were not justified, and the failure to pay notice was directly linked to the employee's maternity leave.
Why this matters for similar claims
This case serves as a reminder that maternity discrimination claims can succeed even when other claims do not. The award for injury to feelings (£1,000) reflects the distress caused by the discrimination. The reconsideration process also shows that errors in calculating financial loss can be corrected, so claimants should carefully review awards and seek reconsideration if needed.
Overall, the total compensation of £7,229.68 underscores that employers must treat employees on maternity leave fairly and meet their contractual obligations.
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