Redundancy after maternity leave: dismissal fair despite COVID-19 changes
A health and beauty manager who was made redundant after returning from maternity leave has lost her unfair dismissal claim. The tribunal found the redundancy was genuine and the process fair.
1 min read · Last updated 18 May 2026
Case details
- #redundancy
- #maternity-leave
- #covid-19
- #small-business
- #diminution-of-role
Key facts
- The claimant was employed as a health and beauty manager from 17 November 2015 until her dismissal on 19 January 2021.
- The claimant took maternity leave from October 2019 to July 2020.
- Upon return, the business had changed due to COVID-19, with reduced need for management duties.
- The respondent offered the claimant a therapist role at a lower salary, which she did not accept.
- The tribunal found the redundancy was genuine and the dismissal fair.
- All discrimination claims were dismissed as not made out on the facts.
Timeline
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Employment started
Claimant began working as health and beauty manager at Marston salon.
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Pregnancy announced
Claimant informed Mrs Corbett she was pregnant.
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Last day before maternity leave
Claimant worked until day before baby arrived.
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Maternity leave ended
Claimant's maternity leave officially ended, but she took holiday until 15 July.
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Meeting about reopening
Meeting held to discuss salon reopening after lockdown; claimant attended.
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Meeting about role
Claimant expressed feeling isolated; Mrs Corbett encouraged her to join in.
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Meeting with Mrs Corbett
Claimant demanded to run everything through her; Mrs Corbett considered abolishing manager role.
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Offer of therapist role
Respondent offered claimant therapist position at £11.30 per hour.
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Redundancy consultation meeting
Claimant attended with partner; she asked questions but was dissatisfied with answers.
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Dismissal
Claimant was dismissed by reason of redundancy.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed, wrongfully dismissed, or discriminated against on grounds of sex or maternity, and whether the respondent's reason for dismissal (redundancy) was genuine and fair.
The outcome
The tribunal dismissed all claims, including unfair dismissal, wrongful dismissal, sex discrimination, and maternity discrimination.
Key reasons:
- The redundancy was genuine: the business had changed due to COVID-19, with reduced need for management duties.
- The respondent offered the claimant a therapist role at a lower salary, which she did not accept.
- The selection process was reasonable, and the claimant was not replaced by another manager.
- No discrimination was found: the decision was based on business needs, not maternity leave.
No compensation was awarded as the claims were dismissed.
Lessons & takeaways
- If you are made redundant after returning from maternity leave, check whether the redundancy is genuine or a pretext for discrimination.
- Keep records of any changes in your role or business conditions that could support a claim.
- Consider seeking legal advice early, especially if you believe discrimination is involved.
- Be aware that a genuine redundancy can be a fair reason for dismissal, even if you have recently returned from maternity leave.
What this case shows
This case illustrates that a redundancy dismissal after maternity leave can be fair if the business genuinely changes. The claimant, a health and beauty manager with five years' service, returned from maternity leave in July 2020 to find the salon had changed due to COVID-19. The owner decided the manager role was no longer viable and offered a therapist position at a lower salary. When the claimant did not accept, she was made redundant.
The tribunal accepted that the redundancy was genuine. The business had fewer clients and less need for a manager. The claimant's role had diminished, and the owner had not replaced her with another manager. The tribunal also found that the consultation process, though brief, was adequate given the small size of the business.
What could have been done differently
The claimant argued that she was discriminated against because of her maternity leave. However, the tribunal found no evidence that the redundancy was linked to her pregnancy or leave. The timing was unfortunate but not discriminatory. The respondent could have offered more support during the consultation, but the tribunal considered the process reasonable in the circumstances.
Why this matters
This case is a reminder that redundancy is a potentially fair reason for dismissal, even when the employee has recently returned from maternity leave. Employees in similar situations should focus on whether the redundancy is genuine and whether the process is fair. If you believe discrimination is involved, you must provide evidence linking the decision to your protected characteristic.
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