Out of sight, out of mind? Keeping in touch with absent employees matters

In a recent employment tribunal case, an employer was ordered to pay over £25,000 in compensation after failing to stay in contact with an employee who was on maternity leave. The case of Munkevics v Echo Personnel is a powerful reminder of how poor communication can lead to claims of pregnancy discrimination and constructive dismissal.

Munkevics v Echo Personnel

In this case, the employee, Ms Munkevics, was working as a trainee recruitment consultant when she went on maternity leave. She was told she could return to work on a part-time basis, but this offer was suddenly withdrawn just before she was due back so she resigned.

When she came into the office to serve her notice, she found it completely abandoned—no staff, no furniture, no communication from the employer. The company had shut down the office and failed to inform her.

She brought a claim to the Employment Tribunal.

The Tribunal’s Decision

The Tribunal ruled in Ms Munkevics’ favour and found the employer guilty of:

• Pregnancy discrimination – because of the way they treated her during and after maternity leave.
• Constructive dismissal – because the employer’s actions showed a serious breakdown in trust and confidence.

She was awarded more than £25,000 in compensation.

What can we learn from this?

This case shows that even unintentional neglect can result in serious legal and financial consequences. Employers must keep in regular contact with staff who are on leave, especially when:

• The leave is linked to a protected characteristic (e.g. pregnancy, disability, or age).
• There are significant changes at the workplace (e.g. closures, restructures, or redundancies).
• The employee is due to return soon and needs to plan their next steps.

Communication tips for absent employees

1. Keep updates professional and regular
   Set up check-ins and/or updates—email, phone, or video calls—especially during long absences.
2. Keep all employees updated on all major changes
   If there are any changes to the business that may affect them (e.g. job roles, locations, or working hours), inform them as soon as possible.
3. Respect protected rights
   Be aware of legal protections for employees on maternity, paternity, sick leave, or with other protected characteristics under the Equality Act 2010.
4. Document communication
   Keep records of any agreements or discussions about return-to-work plans, part-time offers, or adjustments. Verbal promises can be disputed.

How to avoid constructive dismissal claims like this one?

If an employee resigns because of the way they were treated while on leave — such as being left out of key updates — it’s possible they may be able to claim constructive dismissal. This means in summary that the employer’s actions were so disrespectful that there was no real choice but to leave.

To avoid this:

• Treat all employees with dignity and respect, even when they’re not in the office.
• Follow through on promises and arrangements (such as flexible working after leave).
• Communicate openly and honestly throughout their absence.

As always, good communication is essential for strong leadership

The Munkevics case highlights a simple truth: when it comes to employee relations, silence can be expensive. Whether someone is off due to maternity leave, sickness, or other types of leave, keeping them in the loop shows professionalism and protects your business from legal claims.

Further reading

• A Munkevics v Echo Personnel Ltd: 1306243/2023 – GOV.UK

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