Made redundant while on maternity leave: a pre-determined process that led to automatic unfair dismissal
A former employee of Arcadia Group was automatically unfairly dismissed after being selected for redundancy during maternity leave. The tribunal awarded over £54,000 for injury to feelings and losses.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was dismissed by reason of redundancy while on maternity leave.
- The respondent failed to comply with regulation 10 of the Maternity & Parental Leave etc Regulations 1999.
- The principal reason for dismissal related to pregnancy and maternity.
- The respondent removed the claimant's responsibilities during her pregnancy.
- The respondent conducted a pre-determined redundancy selection process during maternity leave.
- The respondent used an interview designed to disadvantage the claimant due to her maternity leave.
Timeline
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Start of maternity leave
The claimant commenced maternity leave in December 2019.
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Redundancy interview
The respondent conducted an interview as part of the redundancy selection process, posing questions designed to disadvantage the claimant as someone on maternity leave.
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Dismissal date
The claimant was made redundant on or around this date.
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Claim presented
The claimant presented her claim to the Employment Tribunal.
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Hearing and judgment
The Tribunal heard the case and issued judgment finding automatic unfair dismissal and pregnancy/maternity discrimination.
The legal issue
The tribunal had to decide whether the claimant was automatically unfairly dismissed because the redundancy selection process failed to comply with maternity leave regulations, and whether she was discriminated against due to pregnancy and maternity.
The outcome
The tribunal upheld the claimant's case, finding that Arcadia Group had automatically unfairly dismissed her and discriminated against her because of pregnancy and maternity.
The key reasons were:
- The respondent removed the claimant's responsibilities during her pregnancy.
- During maternity leave, the respondent conducted a pre-determined redundancy selection process, gave short notice of meetings, and used an interview designed to disadvantage someone on maternity leave.
- The respondent failed to comply with regulation 10 of the Maternity & Parental Leave etc Regulations 1999.
Compensation breakdown:
- Injury to feelings: £22,000
- Loss of earnings and other losses: £26,807
- Interest on injury to feelings: £3,742
- Interest on losses: £2,280
- Total: £54,829
Lessons & takeaways
- Employers must follow specific legal protections for employees on maternity leave during redundancy processes, including offering suitable alternative vacancies.
- Removing responsibilities during pregnancy or conducting a sham redundancy process can amount to pregnancy and maternity discrimination.
- Employees on maternity leave should be given the same opportunities as others in a redundancy pool, and interviews must not be designed to disadvantage them.
- If you believe you have been unfairly selected for redundancy because of pregnancy or maternity, you can bring claims for automatic unfair dismissal and discrimination.
A redundancy process that was never fair
This case shows what can happen when an employer treats a redundancy exercise as a foregone conclusion, especially when the employee is on maternity leave. The claimant, a former employee of Arcadia Group, had her responsibilities removed while she was pregnant and was then subjected to a selection process that the tribunal described as pre-determined. The interview questions were deliberately designed to put her at a disadvantage because she had been away from work since December 2019.
What the employer did wrong
Arcadia Group failed to comply with regulation 10 of the Maternity & Parental Leave etc Regulations 1999, which gives employees on maternity leave priority for suitable alternative vacancies. Instead of offering her a role, the company pressed ahead with a redundancy process that was never going to be fair. The tribunal found that the principal reason for dismissal related to pregnancy and maternity, making it automatically unfair under section 99 of the Employment Rights Act 1996. The discrimination was not a one-off event but a course of conduct that began during pregnancy and continued through maternity leave.
Why this matters for similar claims
For anyone in a similar situation, this decision reinforces that redundancy during maternity leave is a high-risk area for employers. The law provides strong protections, and tribunals will scrutinise whether the process was genuine and whether the employee was given a fair chance. The award of £22,000 for injury to feelings reflects the seriousness of the discrimination, and the total compensation of over £54,000 shows the financial impact of getting it wrong. Employees who believe they have been unfairly selected for redundancy while on maternity leave should seek advice promptly, as strict time limits apply.
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