Bright HR Limited provides cloud-based software solutions and legal support to businesses for HR and Health & Safety, much like our own HRManager software, which is free to our members. As such, you would think they were well-placed to ensure they treat their own employees fairly and according to the law. Not so, according to a recent Employment Tribunal case.
The employee, Ms Sarah Lindup, was a high-performing member of the web team at Bright HR Limited, a role that significantly contributed to her earnings through commission. After taking additional maternity leave, she sought to return to her previous role or a similar position. However, the new Head of Sales, Ms Jayde Stott, decided during a return-to-work meeting that Ms Lindup would not be reinstated to the web team. This decision led to a substantial reduction in her earnings. Ms Lindup raised grievances and appealed the decision, but these processes failed to address her core complaints. The Tribunal found that the decision not to reinstate her to the web team was discriminatory under section 18(4) of the Equality Act 2010.
Legal standards and rules
- Maternity discrimination (section 18 Equality Act 2010): Employers must not treat employees unfavourably because they are exercising, or have exercised, their right to maternity leave.
- Right to return to a similar job: Under the Maternity and Parental Leave etc. Regulations 1999, employees returning from additional maternity leave are entitled to return to their original job or a similar job on no less favourable terms, including remuneration.
- Protected earnings: Employers must ensure that policies on protected earnings for employees returning from maternity leave are clear and consistently applied.
- Grievance and appeal processes: Employers must conduct grievance and appeal procedures in a way that thoroughly addresses the employee’s concerns. Failure to do so can amount to procedural unfairness.
- Avoiding discrimination in workplace policies: Employees must not be disadvantaged by workplace policies unless such policies are objectively justified.
Tribunal findings
- Maternity discrimination
The Tribunal found that the decision not to reinstate Ms Lindup to the web team was directly linked to her maternity leave. The Head of Sales described the return-to-work meeting as a “mum-to-mum chat”, undermining the professional nature of the discussion. The resulting reduction in Ms Lindup’s earnings amounted to unfavourable treatment under section 18(4). - Right to return to a similar job
A “similar” job must provide comparable opportunities for earnings. By assigning Ms Lindup to a role with significantly lower earning potential, the employer failed to meet this requirement. The claimant’s award-winning pre-maternity performance was ignored. - Protected earnings
The issue of protected earnings was initially mishandled, causing unnecessary stress. Although the employer eventually rectified the error, the delay highlighted the need for clear, consistent policies. - Grievance and appeal processes
The grievance and appeal stages did not address the core complaint about non-reinstatement to the web team, compounding the discrimination. - Workplace policies
The employer’s assertion that it was within their “gift” to allocate employees to roles conflicted with their duty to ensure decisions are free from bias and based on objective criteria.
Conclusion
The case of Ms Sarah Lindup v Bright HR Limited underscores the importance of adhering to the Equality Act 2010 and related regulations. Employees returning from maternity leave must be treated fairly and reinstated to roles offering comparable opportunities. Clear policies on protected earnings, robust grievance and appeal processes, and freedom from discriminatory practices are essential to fostering an inclusive workplace.
If you have faced a similar issue, call our legal team or make use of the HRManager software, included in your Lawgistics membership, to help you avoid the same fate.
Need help with keeping on track with FCA Regulation and Compliance? Partner with Automotive Compliance
