An employee who resigned their post in light of the treatment of their employer has been awarded €72,000 in compensation. The constructive dismissal claim of Beary v Mordaunt & Sons Limited UD375 (2011) Was heard by the EAT and the evidence in this case was uncontested which led to the substantial award, which again shows that an employer should at least try to attend a hearing to mitigate their losses.
The Employee in this case alleged that her employer treated her unfairly as the employee was pregnant and the Tribunal determined that the employees treatment during this period was wholly unacceptable, with the employer unhappy that the pregnancy would necessitate her being out of work for a period
The Tribunal found that the employees workloads were increased during this period and no alternatives or suitable arrangements were made for her period of absence, leading her employer to truncate her maternity entitlement or work from home during this period.
Some of the conclusions drawn by the Tribunal were very distressing, and if true would give a very good standard as to what NOT to do if an employee is pregnant.
- following complications with the pregnancy the employee was collected at the hospital and ferried back to the workplace
- the employee was subjected to unacceptable comments and treatment following this
- following the delivery of the baby on the 4th July the employer insisted the employee return to work on the 19th July, which is outside the normal core period an employee must take for maternity leave.
- the tribunal labelled this a "total disregard for the employee's well-being"
- the employee overheard a speaker phone conversation which suggested the employer intended to replace her, and the tribunals assertion is that the employers failure to engage following this strongly supported this accusation.
Tribunals are heavily critical of employers who breach an employees rights in relation to Maternity Protection and are not shy of awarding considerable compensation on this. This is compounded when the employer fails to attend any such hearings in order to mitigate their loss. Employers must be conscious of their obligations with employees who are about to engage in statutory leave and must put measures in place to accommodate any such leave with the employee.
The points above are clear examples of behaviour not to engage in and common sense would allow employers not to fall into the same patterns as this employer.
