What happened?
Nichola Osborn was employed as a technical manager by Mothercare Global Brand Ltd. While she was on maternity leave, Mothercare undertook changes within her department and engaged a male consultant to carry out work that closely mirrored Ms Osborn’s role.
When Ms Osborn returned from maternity leave, she was informed that her role was “at risk” of redundancy. This came as a shock to her, particularly given that her duties were continuing to be performed by another individual. She was ultimately dismissed following the redundancy process.
Ms Osborn brought claims in the Employment Tribunal, arguing that she had been treated unfavourably because she was on maternity leave.
What claims were brought & the tribunal’s decision
Ms Osborn brought claims for:
- Maternity discrimination
- Unfair dismissal
The Employment Tribunal upheld her claims.
The tribunal found that the redundancy process was not genuine and described it as a “sham”. It concluded that Ms Osborn had been selected for redundancy because she was on maternity leave and that her dismissal was therefore both automatically unfair and discriminatory.
The tribunal was critical of the employer’s failure to properly protect Ms Osborn’s role during her maternity leave and its lack of transparency in how decisions were made.
What was the value?
Ms Osborn was awarded £67,801.88 in compensation.
This included:
- Financial losses linked to her dismissal
- An award for injury to feelings, reflecting the distress caused by the discriminatory treatment
The level of compensation highlights the significant financial risk employers face when maternity protections are not properly respected.
Top 5 lessons for employers
- Employees on maternity leave have enhanced protection Selecting someone for redundancy because they are on maternity leave will almost always be unlawful.
- Redundancy must be genuine If the work still exists and is being done by someone else, tribunals are likely to see through attempts to label a dismissal as redundancy.
- Keep employees on maternity leave informed Excluding employees from discussions or decisions while they are on leave can quickly lead to discrimination claims.
- Document decision-making carefully Employers must be able to clearly evidence why decisions were taken and show that maternity leave played no part.
- Assumptions create risk Making assumptions about an employee’s commitment, availability or value because they are on maternity leave is a common and costly mistake.
This case is a clear reminder that maternity discrimination claims remain high-risk for employers. Even where business change is genuine, failing to properly protect employees on maternity leave can lead to substantial compensation awards and reputational damage.
Getting the process right is not optional – it is a legal requirement
How can Thrive Law help?
At Thrive Law, we regularly support employers with:
- Managing restructures and redundancies involving employees on maternity leave
- Advising on maternity, pregnancy and family-friendly rights
- Conducting fair and lawful consultation processes
- Reducing the risk of discrimination and unfair dismissal claims
If your organisation is planning a restructure, redundancy process or managing employees on maternity leave, early advice can significantly reduce risk.
Visit our website for more information https://www.thrivelaw.co.uk/employment-law/redundancy-and-business-reorganisation/
📩 Contact the Thrive Law team at enquiries@thrivelaw.co.uk
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