Maternity discrimination

Case 17: The facts

After a restructuring, Ms Slee’s post was deleted and the only suitable vacancy at her office went to a colleague. At the time, Slee was off sick, and this sickness absence continued until she began her maternity leave. On her return, she was asked to report to the regional office, where she was told she would have to be assessed as she had been absent from work for some time. She resigned and claimed constructive dismissal, discrimination on maternity grounds and sex discrimination.

The ruling

The Employment Appeal Tribunal (EAT) upheld the tribunal’s findings that Slee had been constructively dismissed as a result of her employer’s failure to tell her when her post had been deleted; to tell her which post she was to move to and what she was required to do when she returned; and to discuss and agree this with her, taking into account her personal circumstances. All of these amounted to a breach of mutual trust and confidence.

The failure to offer Slee alternative work when she was made redundant while on maternity leave was also a breach of regulation 10 of the Maternity and Parental Leave Regulations, the EAT said. There was a fundamental difference between her treatment before and after her maternity leave, and the reason for the difference was her maternity leave. Consequently, her employer’s actions amounted to a detriment on maternity grounds and to sex discrimination.

Secretary of State for Justice v Slee UKEAT/0349/06