Constructive Dismissal
An employee may be able to make a constructive dismissal claim against their employer when they are on maternity leave. It can be a very complicated legal issue and you should seek the advice of a lawyer or an adviser. A constructive dismissal claim is based on the idea that you have been forced to resign in response to an action or inaction by your employer which amounts to a fundamental breach of contract. It can be difficult to prove and not many claims win.
An employer can breach their contract in a number of different ways. This can include cancelling a benefit, taking disciplinary action, changing working conditions, altering job titles or names, imposing significant pay cuts, removing defined responsibilities and even refusing to maintain safe work standards. An employer can also breach implied terms in the way they treat their employees, this may be more difficult to prove but any behaviour that destroys the trust and confidence in a worker/employer relationship without good reason might be seen as a breach of the law.
If an employer changes your job significantly while you are on maternity leave it is likely to be considered a breach of contract. However, it is important to remember that your employer can only change the job that you did before going on maternity leave. They cannot change your job significantly after you return to work from maternity leave and then dismiss you for that.
Constructive Dismissal During Maternity Leave
The Tribunal found that the employer breached her contract when they imposed changes to her job while she was on maternity leave. These were significant changes, for example the Tribunal found that they changed her seniority position, hours of work, reporting functions within the company hierarchy and she was removed from a team which she had been part of before going on maternity leave.
However, the Tribunal did not find that these changes were sufficient to constitute a constructive dismissal lawyer. In order to qualify as a constructive dismissal the changes must be significant and the employer must not have intended to cause the employee to resign.
It is important to talk to your employer about the changes and to ask for a meeting in writing and to set out your concerns clearly. It is also worth contacting your trade union, your HR department or a more senior manager to seek their advice. It is also possible to use your employer’s grievance procedure although it is best to only do this as a last resort as it can be difficult to keep a positive working relationship once you have raised a grievance.
It is important to be aware that if you decide to make a constructive dismissal claim you will have to quit your job before you can file a case in court. You should consult a wrongful termination lawyer to help you through this process. The lawyer can provide you with the best advice and guide you through what is required to file a successful case. They can also help you calculate your damages.
