• Swindon & Wiltshire Experts
• Wednesday August 12 2026
• Author Name: Helen Imbusi

Managing employees returning from maternity leave – the HR Dept

Business owners should seek expert guidance before taking workplace actions that could result in costly employment tribunal claims and reputational damage, says Helen Imbusi of the HR Dept.

Navigating UK employment law continues to be a complex challenge for SMEs, and time and again employers inadvertently make the wrong decision, landing them in hot water.

A primary example of where businesses regularly fall foul of the law involves managing employees returning from maternity leave. Misinterpreting or overlooking a returning worker’s legal rights remains a common trigger for unlawful discrimination claims across the UK.

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.”

Breaching these legal obligations can result in formal grievances, constructive dismissal claims, or allegations of pregnancy and maternity discrimination. Crucially for business owners, compensation awards in discrimination cases are uncapped by employment tribunals, posing a severe financial risk.

Beyond statutory leave, other areas where employers often make costly mistakes include informal restructures, disciplinary procedures, and handling performance issues without following proper statutory codes of practice.

Taking proactive advice before acting is far more cost-effective than attempting to resolve legal disputes afterwards. Getting expert support early ensures that processes are fully compliant, fair, and legally sound from the start.

Helen Imbusi, is head of HR consultancy at the HR Dept Swindon, North Wiltshire and East Cotswolds