Redundancy after maternity leave: fair dismissal despite flexible working request

A redundancy that survived scrutiny

This case shows that a redundancy dismissal can be fair even when it happens shortly after an employee returns from maternity leave. The claimant had been promoted to Senior MICE Administrator, the only such role in the company. While on maternity leave, she requested part-time work from home, and her employer created a new role of MICE Monitoring Analyst for her. But when the COVID-19 lockdown hit, the company needed to cut 46 roles. The new role was placed in a pool with Senior MICE Consultants, and the claimant was selected for redundancy.

The tribunal accepted that the redundancy situation was genuine and that the employer acted reasonably. The selection criteria were based on skills, performance, and attendance, and the claimant scored lower than others in the pool. The tribunal found no evidence that her maternity leave or flexible working request played any part in the decision.

What the employer did right

The employer consulted collectively and individually, considered alternative roles, and applied objective criteria. The tribunal noted that the claimant was paid 100% of her salary during furlough, which was more than the statutory requirement. The employer also kept records and communicated clearly throughout the process.

What this means for similar claims

Employees returning from maternity leave are protected from discrimination, but that protection does not make them immune to genuine redundancy. Employers who follow a fair process, use objective criteria, and can show the redundancy is genuine are likely to succeed in defending claims. For employees, it is important to engage with the consultation process and raise any concerns about discrimination or unfairness at the time, as this can strengthen a later claim.