Fleet sales assistant dismissed during redundancy after maternity leave: tribunal upholds decision

This case shows how a redundancy process can be fair even when it happens quickly after an employee returns from maternity leave. The claimant, a fleet sales assistant with four years' service, was on maternity leave when her employer announced plans to relocate its office from Luton to Swindon. She returned from leave in April 2020, was furloughed due to Covid-19, and was told in June that her role was redundant. Her employment ended in October 2020.

What the tribunal looked at

The tribunal examined whether the redundancy was genuine and whether the employer acted reasonably. It found that the office relocation was a real business decision, and the claimant's role was one of two that were at risk. The employer consulted with her, considered alternatives, and offered a fair selection process. The tribunal noted that while the process was relatively quick, the employer had a clear business case and did not act unreasonably.

Why the discrimination claims failed

The claimant also argued that her dismissal and other treatment were because of her maternity leave. However, these claims were brought after the three-month time limit. The tribunal decided not to extend time because the claimant had not provided a good reason for the delay – she had been aware of the issues earlier and could have brought claims sooner. This is a reminder that time limits in discrimination cases are strict, even for employees on maternity leave.

What could have been done differently

From the employer's perspective, the case was well-handled: they documented the redundancy rationale, consulted with the claimant, and offered a fair process. For employees, the key lesson is to act quickly if you believe you have been discriminated against. The tribunal also highlighted that a flexible working request does not give automatic protection against redundancy if the role is genuinely redundant.

Why this matters

This case reinforces that redundancy dismissals can be fair even when they follow closely after maternity leave, provided the employer has a genuine business reason and follows a reasonable process. It also underscores the importance of time limits for discrimination claims – employees should seek advice promptly if they think they have been treated unfairly.