Dismissal

Resuming work after statutory maternity leave

It is unlawful for the University to dismiss a member of staff during or after the end of her maternity leave period or to select her for redundancy in preference to other comparable members of staff, solely or mainly because the member of staff has taken maternity leave or taken advantage of the benefits of the terms and conditions of employment to which she was entitled during that leave.

It is unlawful for the University to dismiss a member of staff on grounds related to pregnancy or childbirth or to select her for redundancy on those grounds in preference to other comparable members of staff.

In these circumstances a member of staff who is dismissed or selected for redundancy is entitled to make a complaint of unfair dismissal through the grievance policy. Dismissal, selection for redundancy or other treatment that is detrimental in these circumstances may also amount to unlawful discrimination on grounds of sex or marriage.

Resuming work after additional maternity absence

If a qualifying member of staff is not permitted to return to work after her additional maternity absence, in most cases she will be regarded as having been dismissed and she may obtain redress through the appeals procedure within the staff disciplinary procedure. A member of staff will not have been unfairly dismissed if:

  • the member of staff’s job was no longer available due to redundancy and there was no suitable alternative work available that could be offered.

A member of staff will not be regarded as being dismissed if:

  • it was not reasonably practical on grounds other than redundancy to continue to employ her in her original role and if the University have offered her suitable alternative employment which she has either accepted or has unreasonably refused.

Dismissal on grounds urrelated to maternity leave

It is not unlawful for the University to dismiss a member of staff on grounds that are unrelated to the fact that the member of staff has taken maternity leave and other related benefits, unless the dismissal is unfair for another reason or discriminatory.