Redundancy during maternity leave

Case 3: The facts

Ms Bray, a depot manager, was on maternity leave when her employer began consultation over proposed redundancies, including her own.

Bray was offered an alternative job as a driver, but she rejected it because it would have involved training for which she would have to travel. She was made redundant.

A tribunal found her dismissal to be unfair and also held that her employers should have delayed the consultation until after the end of her maternity leave.

The ruling

The Employment Appeal Tribunal (EAT) held that there is no requirement to extend a consultation period until an employee on maternity leave returns to work. An employee can be made redundant during maternity leave as long as she has been offered alternative employment (if a suitable vacancy exists).

In addition, the EAT found that the tribunal had lacked fairness and impartiality when questioning the employer's witnesses. The bias towards Bray had denied the employer a fair trial, and the decision that she had been unfairly dismissed could not stand. The case was sent to another tribunal for rehearing.

Calor Gas v Bray UKEAT/0633/04