If an employee resigns during maternity leave she must give notice, as required under her contract. This does not apply if she can show that she resigned because your behaviour was a serious breach of her contract, such as discriminatory treatment. If she resigns in these circumstances, and claims constructive dismissal, she can resign either with notice or without giving notice.
Yes. If you dismiss an employee on maternity leave, she should receive her notice pay. The legal position is not clear; the law says that where a contract provides for at least one week’s notice more than the statutory minimum, no notice is payable. This is likely to be a breach of European law and employers should pay full notice, whether it is the minimum legal notice or the contractual notice.
Last updated: 13 May 2016