A dismissal timed around your return from maternity leave can be unfair on its own
“Unfair dismissalA legal claim you can bring if your employer dismissed you without a fair reason or without following a fair process. You normally need two years of continuous employment to qualify, though some dismi... succeeded even though the discrimination claims failed.”
You can win an unfair dismissal claim over a dismissal timed around your return from maternity leave, even where a tribunal won't also uphold a discrimination claim on the same facts.
- Bring both an unfair dismissal claim and a maternity or pregnancy discrimination claim if the timing looks connected, rather than betting everything on discrimination alone.
- Whether your dismissal was fair is a separate legal question from whether it was because of your pregnancy, and you can win one without the other.
- If the timing of your dismissal lines up with your maternity leave, get advice early, before any time limits for bringing a claim run out.
The situation
The claimant went on maternity leave and was due to return at the end of September 2024. Around that time, her employer dismissed her. She brought tribunal claims for unfair dismissal, for pregnancy and maternity discrimination, and for sex discrimination, against the company and its director personally.
What the tribunal found
The tribunal dismissed her claims of pregnancy and maternity discrimination and automatic unfair dismissalA dismissal that's automatically treated as unfair, regardless of how long you've worked somewhere. This applies to reasons like whistleblowing, asserting a statutory right, health and safety, or preg... linked to her maternity leave. It was not satisfied that was the real reason she was let go. But it separately found her dismissal unfair under the ordinary unfair dismissal test in section 98 of the Employment Rights Act 1996The primary piece of legislation setting out employees rights in the UK, including the right not to be unfairly dismissed, the right to a written statement of employment particulars, and rights relati..., and awarded her £2,366.25. That included a basic awardA fixed element of an unfair dismissal award, calculated by reference to your age, length of service, and weekly pay. Unlike the compensatory award, it is less affected by Polkey reductions., lost earnings between the end of September and December 2024, and compensation for loss of statutory rights.
Mrs Raczek v New Clean Ltd and Mr Alan Trim. Case 3305748/2024. Employment Tribunal. 10 April 2026.