Supermarket employee wins constructive dismissal after restructure during maternity leave
A supermarket employee was constructively dismissed and discriminated against after being consulted about a restructure while on maternity leave and then redeployed to a role that disadvantaged women. The tribunal awarded over £60,000.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed by the respondent and took maternity leave.
- The respondent consulted the claimant about a restructure affecting her job during her maternity leave.
- After returning from maternity leave, the claimant was redeployed to a role with duties that placed women at a disadvantage.
- The claimant resigned in response to the respondent's breach of trust and confidence.
- The tribunal found the claimant was constructively dismissed and the dismissal was unfair.
- The tribunal also found the respondent discriminated against the claimant due to maternity leave and sex.
Timeline
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Hearing start
The substantive hearing began at Leeds Employment Tribunal.
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Hearing end
The substantive hearing concluded after five days.
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Judgment issued
Employment Judge D N Jones issued the judgment and calculation of awards.
The legal issue
The tribunal had to decide whether the supermarket unfavourably treated the employee because of her maternity leave, subjected her to indirect sex discrimination after her leave, and whether she was constructively dismissed unfairly.
The outcome
The tribunal ruled in favour of the employee on all claims.
- Unfavourable treatment due to maternity leave: The supermarket consulted her about a restructure affecting her job while she was on maternity leave, which was unfavourable treatment.
- Indirect sex discrimination: After returning, she was redeployed to a role with duties that placed women at a particular disadvantage, which was not justified.
- Constructive unfair dismissal: The supermarket's actions breached the implied term of trust and confidence, leading to her resignation.
Compensation:
- Discrimination: £57,533.25
- Past loss of earnings: £32,266
- Interest on past losses: £753
- Future losses: £8,800
- Injury to feelings: £10,000
- Interest on injury to feelings: £1,600
- Additional tax: £738.25
- Recouped maternity pay: £3,376
- Unfair dismissal: £2,909
- Basic award: £2,284
- Compensatory award: £625
- Total: £60,442.25
Lessons & takeaways
- Employers should avoid consulting employees about restructures while they are on maternity leave, as this can be seen as unfavourable treatment.
- If a role changes after maternity leave, the employer must ensure the new duties do not indirectly discriminate against women.
- Constructive dismissal claims can succeed if the employer's actions amount to a fundamental breach of trust and confidence.
- Representing yourself at tribunal is possible but challenging; the employee here did so and won.
A restructure during maternity leave that went wrong
This case shows the risks employers take when they consult an employee about a restructure while she is on maternity leave. The supermarket employee was on maternity leave when the company began a restructure that affected her job. The tribunal found that this consultation was unfavourable treatment because of her maternity leave.
After returning to work, she was redeployed to a role with duties that placed women at a particular disadvantage compared to men. The tribunal held that this was indirect sex discrimination, as the supermarket could not justify the requirement. The employee resigned in response to these actions, and the tribunal found she was constructively dismissed unfairly.
What the employer could have done differently
The supermarket could have avoided the discrimination by not consulting the employee about the restructure while she was on leave, or by ensuring the redeployment role did not disproportionately disadvantage women. A proper impact assessment of the new duties might have prevented the indirect discrimination claim.
Why this matters
This case highlights the protections for employees on maternity leave and the importance of fair treatment during restructures. It also shows that constructive dismissal claims can succeed when an employer's actions fundamentally breach trust and confidence. The total compensation of over £60,000 reflects the seriousness of the discrimination and the losses suffered.
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