Case for maternity constructive dismissal

[Clarkeypants]

Hello everyone.

I am wondering if I have a case for constructive dismissal whilst on maternity leave.

I work in a small privately run nursery. I have worked there for just over 2 years and my son attends with me on the days I work. Upon my start, I was offered a 20% reduction in Nursery fees for my son. This has been the case for 2 years. I then became pregnant in January last year. From June onwards I discussed in meetings the days and hours I would return (The same hours but a change of day in 1 instance). I was due to return 1st June 2020 with both my children attending on 2 of the 3 days I work.

On 16th January 2020 I was informed they are revoking the 20% staff discount reduction in the cost of fees. This ONLY affects myself and another employee also currently on Maternity leave. This means I will struggle to afford the nursery fees for both my children, however, I had a meeting with the manager and we agreed on costings for my return as I did not want to give up work.
I attended a meeting on 7th February to discuss my return to work. I was advised at this meeting that a new policy has been put into place that prevents employees with children having more than one child at nursery with them at any one time, even though they are fully aware both children are due to be in the setting from June onwards. This new policy again ONLY affects myself and my colleague who are currently on mat leave. They also declined my change of day (Friday to Tuesday) stating staffing issues. This leaves me without childcare for my youngest on a Friday if I were to return. Something that I have had in place since June when the change of days was originally discussed.

I feel that the two policies (No staff discount for fees and only one child per employee) have directly affected both myself and my colleague and made it near impossible for us to return to the job. I have had to extend my mat leave for the full 52 weeks so I an arrange alternative childcare and have removed both my children from the setting (baby due to start in June) as I feel I have lost all trust and respect for them regarding mine and my children's wellbeing.

Is there a case here for maternity discrimination and/or constructive dismissal?

[Law Student 2]

Hi, sorry to hear about the trouble you've been having

Potentially you could have a claim for constructive dismissal. You have met the condition of working for your employer over 2 years, are you classed as a employee?

The Onus would be on you to prove constructive dismissal.

Usually constructive dismissal is argued due to a fundamental breach of your contract, so I would look at if the 20% reduction is a benefit included in your contract. Also, if there is anything in your contract stating you are/ were able to bring children in (not limiting to one child).

If you were to proceed with a constructive dismissal claim you must be prepared to resign, clearly stating to your employer constructive dismissal as the reason. You must make a claim within 3 months minus a day of your job terminating.

It is is also an idea to lodge a formal grievance with you employer, if you have not already done so, before you take steps to resign. This can strengthen your potential claim. It can also give your employer a chance to address the situation and rectify it. Constructive dismissal claims can be very hard to prove, so attempting to solve the situation with your employer first is a good idea.


As for maternity discrimination, this is unlawful. Again, the onus would be on you to prove that you suffered unfair treatment due to your being pregnant/ just having a child. This could be the case if you can prove the one child policy applies only to you and your colleague who have recently had children/ are pregnant and not to other colleagues.
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