Law firms that fail to maintain appropriate contact with employees on maternity leave could face costly tribunal claims, it was claimed this week.

David Faulkner, an employment partner at Birmingham-based law firm Martineau Johnson, said more generous periods of maternity leave of up to 12 months, which mothers are now able to take, have in some cases have led to employees being sidelined or forgotten.

'Employers who fail to keep in touch with their staff and fail to respond to their needs during this time may face problems,' he explained.

Mr Faulkner said several issues are arising from the longer maternity leave, which has now been in place for slightly more than a year.

'A recent tribunal found that an employer had failed to inform an employee of an internal restructuring and potential job opportunities in a team she had expressed a wish to move to prior to maternity leave.

'In this case, the employee resigned and claimed constructive dismissal on the grounds that her trust in her employer was undermined.

A compensation package of more than 20,000 was awarded despite the tribunal agreeing that she was not suitably qualified for the position.'

Since the introduction of the rules last year, some employers have found it difficult to find a correct balance between keeping employees on maternity leave continually informed of decisions in their department and failing to contact them at all, according to Mr Faulkner.

He added that there is also an issue relating to accrued holiday entitlement: 'Many businesses don't realise that the length of leave that an employee can legally take can reach far beyond the 12-month period.'

Holiday entitlement continues to accrue while women are on maternity leave, and when parental leave is factored in, an employee can be legitimately absent for up to 14 months.

'Maternity leave is vital for the protection of working mothers; employers need to prepare thoroughly to ensure their systems and procedures governing these arrangements are robust and up to date or face the consequences.'

Meanwhile, the Maternity Alliance has called on businesses to play their part in supporting mothers who want to continue breastfeeding when they return to work.

The charity has published a guide to help employers understand their legal obligations.

It explains that employers need to provide their staff with proper breaks and facilities, as well as flexible working hours and conditions to support different approaches to breastfeeding.

Neil Rose