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Put out of Job during Materiny Leave

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If someone is on maternity paid then decides to take the remaining maternity leave unpaid what is the consequences for an employer if they terminate your contract without even telling you while you are still legally on maternity allowance?


The person in question was due to go back in August 2012 but took their remaining 3 months unpaid making a total of 52 weeks which is allowed.


On a discussion with head office they have found that their place of work has informed head office that they will no longer be returning to work and their hours have been given to new employee.


Not once have they suggested in anyway that they would not be returning but instead on each call they have made to work they have been ignored and calls not returned.


I understand the statuary rights are that you are allowed to return to your job after 52 weeks but what can be done against the employer of they refuse to employ her.


She is not part of a union at work.



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If she's an employee and has properly exercised her right to take additional maternity leave, then it's probably straight to a tribunal with claims for unfair dismissal, sex discrimination and discrimination on pregnancy and maternity grounds.


Note that there is a three month time limit to issue the claim, so I'd suggest your friend (?) doesn't delay!

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