Redundancy selection after maternity leave: tribunal upholds employer's scoring process
A senior accountant who was selected for redundancy shortly after returning from maternity leave has lost her unfair dismissal and discrimination claims. The tribunal found the redundancy was genuine and the scoring process was fair.
1 min read · Last updated 18 May 2026
Case details
- #maternity-leave
- #redundancy-selection
- #performance-review
- #grievance-procedure
- #acas-code-uplift
Key facts
- The claimant was employed as a Senior Accountant from 9 February 2015 to 10 February 2021.
- She took two periods of maternity leave: first from February 2018 to April 2019, second from November 2019 to November 2020.
- In May 2020, while on her second maternity leave, she received a 'Needs Development/Improvement' performance rating.
- In January 2021, the claimant was placed in a redundancy pool with two other Senior Accountants and was selected for redundancy based on scoring against three criteria.
- The tribunal found that the redundancy situation was genuine and that the claimant's pregnancy or maternity leave did not influence the decision to dismiss.
- All claims of unfair dismissal, detriment, and discrimination were dismissed.
Timeline
-
Employment commenced
Claimant started as Senior Accountant with Good Technology Ltd, later transferred to Blackberry UK Ltd.
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First pregnancy disclosed
Claimant informed Mr Foote of her first pregnancy.
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First maternity leave started
Claimant commenced ordinary maternity leave.
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Returned from first maternity leave
Claimant returned to work part-time; her role now focused on statutory accounts.
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Second maternity leave started
Claimant commenced her second period of maternity leave.
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Performance review completed
Claimant received a 'Needs Development/Improvement' rating while on maternity leave.
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Formal grievance raised
Claimant raised a formal grievance about her performance review.
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Grievance rejected
Grievance outcome letter rejected the claimant's complaints.
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Redundancy pool announced
Claimant, Ms Rizk, and Mr Burton were placed at risk of redundancy.
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Dismissed by reason of redundancy
Claimant's employment terminated due to redundancy.
The legal issue
The tribunal had to decide whether the claimant's dismissal was unfair or automatically unfair because of pregnancy or maternity leave, and whether she was subjected to detriments or discrimination on grounds of pregnancy, maternity, or sex.
The outcome
The tribunal dismissed all claims. It found that the redundancy situation was genuine and that the claimant's selection for redundancy was based on a fair scoring process against objective criteria. The tribunal concluded that the claimant's pregnancy or maternity leave did not influence the decision to dismiss.
No compensation was awarded as all claims failed.
Lessons & takeaways
- Employers can fairly select employees for redundancy while on maternity leave if the redundancy situation is genuine and the selection criteria are objective and fairly applied.
- Receiving a poor performance rating while on maternity leave does not automatically amount to discrimination if it is based on genuine performance issues.
- A fair redundancy process includes meaningful consultation, objective scoring, and consideration of alternative roles.
- Employees on maternity leave are protected from dismissal because of their leave, but not from genuine redundancy where they are fairly selected.
This case shows that a redundancy selection process can be fair even when it affects an employee on maternity leave. The claimant, a senior accountant with six years' service, was selected for redundancy shortly after returning from her second period of maternity leave. She argued that her dismissal was automatically unfair because of her maternity leave and that she had been discriminated against.
The tribunal examined the redundancy process in detail. The employer had placed three senior accountants in a redundancy pool and scored them against objective criteria. The claimant scored lowest and was selected. The tribunal found no evidence that her maternity leave had influenced the scoring or the decision to dismiss. The performance review she received while on leave was also found to be genuine and not discriminatory.
What the employer did right
Blackberry UK Limited had a genuine redundancy situation due to a restructure. It used clear, objective criteria for selection and carried out a consultation process. The tribunal noted that the scoring was done by managers who were unaware of the claimant's maternity leave status, which helped demonstrate that the process was not tainted by discrimination.
Why the result matters
This case is a reminder that redundancy selection is not automatically unfair just because it affects a pregnant employee or someone on maternity leave. The key is whether the redundancy is genuine and the process is fair. Employees in this situation should focus on whether the criteria are objective and applied consistently, and whether they were given a proper opportunity to be heard during consultation.
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