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I’m currently appealing a grievance decision by my company not to return me to my previous role following 12 months’ maternity leave. The reasons were that they thought my maternity cover was a better qualified person to do my job. I would like to know my options after the appeal outcome if the company’s position does not change. Do I simply resign… Is this constructive dismissal? Do I then look to make a claim? Is constructive dismissal my only option at the end of grievance proceedings?
A woman on maternity leave has the right to return to her job at the end of her maternity leave, unless it is not reasonably practical.
What you are describing is likely to be unlawful, automatically unfair dismissal and sex discrimination.
I suggest you get legal advice immediately. Check if you have legal expense insurance on your home contents insurance policy and insist on your right to choose a solicitor who has experience in maternity discrimination.
Time limits are very important. Time is likely to run from the date your maternity leave ended and your claim must be received by the employment tribunal within three months less a day from this date. This time limit will apply even if you are still appealing the grievance appeal.
Please be aware that it’s not possible to give you comprehensive advice without speaking to you. If you haven’t already had legal advice, I suggest you do so now and promptly.