An unwelcome new arrival on a worrying list of unfair work-related treatment

When our trade union representative was first provided with details of Leanne’s dismissal he admits his initial reaction was ‘oh no! Not again.’

The relationship manager lost her job as a result of redundancy while on maternity leave.

It followed an earlier failed attempt by management at the bank where she worked to dismiss her after she informed it she was pregnant.

Our trade union representatives are no strangers to supporting working mothers subjected to unfair treatment, or who have lost their job because they are pregnant or have taken maternity leave.

When Leanne contacted our Employee Support Centre for help to challenge her dismissal, she was very clear about what she wanted.

She explained having worked for the bank for six years that what happened to her, was something she had witnessed happen to other female colleagues in similar circumstances.

Leanne told our trade union representative she wanted his  help to challenge the unfair decision to dismiss her and to secure a ‘reasonable’ settlement agreement.

Our trade union rep having discussed and reviewed the case with Leanne was in no doubt she had been treated unfairly and suffered discrimination.

The information Leanne gave to our trade union rep showed that about a month after she informed her manager of her pregnancy, and took some sick leave as a result of a pregnancy-related illness, his attitude towards her appeared to change.

After Leanne, a high performer with no previous concerns ever having been raised about her performance, returned to work after one period of illness, she was invited to a disciplinary hearing by her manager to face an allegation of poor performance.

The invite to the hearing warned that if the allegation was upheld it could lead to dismissal.

Leanne’s manager, who provided the evidence of her alleged poor performance was going to chair the hearing, and make a decision on the outcome of it.

Shocked by the action Leanne decided to raise a grievance alleging she was being treated unfairly and targeted as a direct result of her pregnancy.

Leanne exercised her statutory right to be accompanied at a grievance hearing, and one of our trade union representatives acted as her companion and presented the grievance on her behalf.

Her desired grievance outcome, at the time, was simply for the disciplinary process to be stopped because it was unfair and unwarranted. With the support of our trade union rep, Leanne received the outcome she wanted.

So when she was later made redundant, she knew exactly where to turn for help to challenge it.

Leanne was first told she was at risk of redundancy towards the end of her maternity leave, she was unable to attend a consultation meeting, later told she had scored low using the selection criteria, and subsequently made redundant. She submitted an appeal against the decision.

At the redundancy appeal hearing our trade union rep presented a comprehensive case to support Leanne’s appeal.

In doing so he argued that as Leanne was on maternity leave when informed of redundancy, scored low in the selection criteria without being able to attend a consultation meeting, it was unfair and discriminatory.

He asserted the failure to meaningfully consult Leanne - particularly when she was unavailable due to maternity-related reasons - can be considered less favourable treatment, as an employer is legally required to ensure that employees on maternity leave are not disadvantaged in a redundancy process.

Our rep pointed out scoring Leanne low without her input, especially if the criteria was subjective or linked to recent performance while she was absent, could be seen as discriminatory.

He referred to the prior attempt to dismiss Leanne after she informed her manager of her pregnancy, and said it showed a pattern of discriminatory behaviour.

Our trade union rep was strong in his assertion that action combined with the unfair redundancy process, clearly showed the bank’s actions were not only procedurally unfair but also tainted by discriminatory intent.

An initial discussion about a settlement took place at the end of the appeal hearing. Further discussions and negotiations took place the following week before a settlement agreement was eventually reached, which Leanne was delighted with.

If you have been, or are being, treated unfairly as a result of pregnancy or maternity leave and you need expert help to challenge it, you can get assistance from one of our experienced, dedicated and skilled trade union representatives to do so. Contact our Employee Support Centre or call us today for a free initial consultation on 0333 772 0611.