Maternity returner offered unsuitable days: constructive dismissal and discrimination
A groom who was offered different working days after maternity leave, which she could not do due to childcare, was constructively dismissed and awarded £16,839 including £12,000 for injury to feelings.
1 min read · Last updated 18 May 2026
Case details
- #maternity-discrimination
- #constructive-dismissal
- #injury-to-feelings
- #failure-to-consult
- #childcare-constraints
Key facts
- The claimant was employed as a groom from October 2018, working Tuesdays, Thursdays, and Saturday mornings.
- She took maternity leave from 14 June 2020, during which the business was sold to new owners.
- The respondent changed her working days upon return without proper consultation, offering days she could not do due to childcare.
- The claimant resigned on 10 May 2021 after the respondent refused to reconsider the days offered.
- The tribunal found the respondent failed to allow her to return to her original job and did not offer a suitable alternative.
- The respondent was ordered to pay £16,839.35 total compensation, including £12,000 for injury to feelings.
Timeline
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Employment started
Claimant began work as a groom on Tuesdays, Thursdays, and Saturday mornings.
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Furloughed due to pregnancy
Claimant was furloughed at the start of lockdown, about three months before her baby was due.
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Business sold
The respondent was bought by Mr Cooper and other shareholders.
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Maternity leave started
Claimant's maternity leave commenced.
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Wages delayed
Claimant and colleagues were not paid on the usual date; wages were paid in two instalments by 5 July.
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Meeting with new owner
Claimant met Mr Cooper to discuss pay issues and her return to work.
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Pension issue discovered
Claimant realised pension contributions had not been made; she was recorded as a leaver.
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Return to work meeting
Claimant met respondent to discuss return; told she could not return in May due to a temporary replacement.
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Respondent proposed new days
Respondent offered different working days (Thursday mornings, full days Friday and Sunday) which claimant could not do.
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Final meeting
Claimant met with respondent's partner who remained on a horse; no compromise reached.
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Claimant resigned
Claimant resigned due to inability to return on her original days.
The legal issue
The tribunal had to decide whether the claimant was constructively unfairly dismissed and whether the respondent discriminated against her because of her maternity leave by failing to allow her to return to her original working days and offering unsuitable alternatives.
The outcome
The tribunal found that the claimant was constructively unfairly dismissed and that the respondent had discriminated against her because of her maternity leave.
Key reasons: The respondent changed the claimant's working days without proper consultation, offering days she could not do due to childcare commitments, and refused to reconsider. This breached the implied term of trust and confidence and was a fundamental breach of contract.
Compensation breakdown:
- Basic award: £666
- Compensatory award: £4,173.35 (including loss of earnings £3,663.45, pension contributions £109.90, loss of statutory rights £400)
- Injury to feelings: £12,000
- Total: £16,839.35
Lessons & takeaways
- Employers must allow a woman returning from maternity leave to return to her original job unless it is not reasonably practicable, and must offer a suitable alternative if it is not.
- Changing an employee's working days without proper consultation, especially when they have childcare constraints, can amount to a fundamental breach of contract and constructive dismissal.
- Maternity discrimination claims can succeed even if the employer's actions were not intentional; the key is whether the treatment was because of maternity leave.
- Representing yourself at tribunal is possible but can be challenging; legal advice may help in complex cases.
- Injury to feelings awards for discrimination can be substantial, reflecting the impact on the individual.
When a return to work goes wrong
A groom with three years' service returned from maternity leave to find her employer had changed her working days. The new days – Thursday mornings, full days Friday and Sunday – clashed with her childcare arrangements, which she had already set up around her original Tuesday, Thursday and Saturday mornings. Despite explaining this, the employer refused to reconsider.
What the employer could have done differently
The tribunal noted that the employer had a temporary replacement covering the claimant's original days, but did not properly consult or explore alternatives. A simple discussion about the claimant's childcare needs, or a phased return, might have avoided the breakdown in trust. Instead, the claimant felt forced to resign.
Why this case matters
This case shows that employers cannot simply rearrange a returning mother's schedule without meaningful consultation. The law gives women the right to return to the same job after maternity leave, unless it is not reasonably practicable. Even then, a suitable alternative must be offered. Here, the employer failed on both counts, leading to findings of constructive unfair dismissal and maternity discrimination, with a total award of £16,839.35 including £12,000 for injury to feelings.
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