Бизнесу грозит судебный иск за нарушение прав сотрудников при возвращении из декрета

Businesses have been warned they risk being landed in hot water if they don't take the correct steps when handling workers returning from maternity leave. The HR Dept Swindon has stressed the importance of consulting with experts to avoid legal action and reputational damage by inadvertently failing to comply with UK employment law. It's all too common for firms, especially SMEs, to make errors when it comes to employees returning after maternity leave, resulting in claims of unlawful discrimination. Helen Imbusi, head of HR consultancy at the HR Dept, outlined the statutory protections in place for parents returning from maternity leave. She said: "Such employees have the right to return to the same job unless the employer has a genuine reason why this is not possible. "In these cases, they have the right to return to a suitable alternative role. "This right applies even if someone else is covering their job well during maternity leave. "If there’s no alternative but to offer them a different job, the job must be suitable and appropriate. "It cannot be on more detrimental terms than the previous job." Failing to comply with these obligations leaves businesses at risk of grievances, constructive dismissal claims, or accusations of pregnancy and maternity discrimination. The repercussions of such claims are significant, as compensation awards in discrimination cases are uncapped by employment tribunals, posing a financial threat to businesses. Ms Imbusi mentioned a recent incident where a client sought to make an employee redundant during maternity leave despite other roles being potentially available. She said: "Thankfully, they had the sense to seek our advice first and we were able to steer them in the right direction." In addition to maternity leave, businesses can also face issues in other areas such as informal restructures, disciplinary procedures, and performance management without adhering to statutory codes of practice. The HR Dept says that obtaining early advice is far more cost-effective than attempting to resolve legal disputes after they occur. By ensuring processes are legally compliant from the outset, businesses can avoid lengthy and expensive legal proceedings.