HR Magazine – “Laughed at” saleswoman wins maternity discrimination case

Sarah Lindup, 27, who worked in the web sales department at software firm Bright HR in Manchester, lost her job while on maternity leave in 2022. When she returned, she was offered a role paying around £24,000, a sharp drop from her previous salary of £65,000, according to a tribunal document published last Monday (21 July).

When Lindup met with her new boss, Jayde Scott, to discuss returning to her previous team, she was “laughed at”, and was left feeling that “returning to the web team was a ludicrous idea”, according to the tribunal documentation.

A Manchester employment tribunal ruled that Lindup was discriminated against and was in line for compensation. 

Speaking to HR magazine about the case, Katie Hodson, partner and head of employment at law firm SAS Daniels, said that it “highlights the importance of handling maternity leave and return-to-work processes with care.

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“HR must avoid making detrimental changes to an employee’s role, pay or responsibilities during maternity leave, unless legally justified and fully consulted upon. Employees returning from additional maternity leave must be reinstated to their original role or a suitable equivalent.”

Hodson added that a proactive return-to-work plan is essential. She continued: “This includes clear, consistent communication and documented meetings. Crucially, line managers must be properly trained on maternity rights, protected periods, and non-discriminatory decision-making to prevent unlawful treatment and ensure compliance with employment and equality legislation.”

Speaking at the tribunal in Manchester, employment judge Abigail Holt said: “It was irrational for the [employer] not to redeploy their award-winning web team member, who only months earlier they had feted, back to the position where she had a track record of bringing in £1.3m in sales for them in less than a year.

“On the balance of probabilities, the only conceivable reason for the sudden volte-face in the [employer]’s attitude towards the claimant, and the resulting massive loss of remuneration, was her maternity leave.”

Speaking with HR magazine, Danielle Ayers, an employment lawyer at Primas Law and the lead for that law firm’s ‘Pregnant and Protected’ service, highlighted best practices for handling maternity leave, advising employers to ensure that the employee has “clear forms of communication and practice planned out” before going on leave.

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Ayers stated that the best way to ensure this is to check that the company has the employee’s personal email address, phone number and correct postal address.

“Agree the frequency and means of contact: does she want monthly updates on the business, updates on certain work-related matters, or just to be contacted if, as and when things happen that she may need to know?”

Ayers also highlighted that the “employer must make sure that an employee is kept abreast of things that may impact her, her role and responsibilities. Ensure that she is informed of vacancies, particularly any promotional opportunities that may arise.

“Make sure an employee is not excluded from team events: summer socials, Christmas parties. They may not wish to attend, but recent cases have said that a failure to invite someone on leave can be discriminatory behaviour.”

Lastly, she added: “Ensure their return to work is made as smooth as possible for them. Start planning this well in advance and be proactive about it. Ask yourself what they need, have they got access to a building, is their pass working, and are computers and desks set up so they can get straight back at it.”