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The £47k HR lesson: What employers can learn from Purplebricks employment tribunal

A recent tribunal case involving Purplebricks has highlighted the importance of getting maternity leave and return, flexible working and performance management processes right.

When an employee returns from maternity leave, (which could be following one year or more off), there can be a lot to consider if there have been changes affecting the business during that time. For instance, role requirements may have changed, coupled with the employee wishing to amend their working hours . Separately to this, there would also be an ongoing management requirement to monitor and manage performance.

Therefore, how an employer handles these conversations matters, and on many occasions will make the difference between a case escalating to Tribunal, versus an engaged employee feeling well supported.

The recent Purplebricks Employment Tribunal (Ms M Stewart v Purplebricks Group plc) is therefore a useful reminder of just how quickly things can escalate when these areas are not handled carefully.

In this update, we will look at what happened in the Purplebricks employment tribunal case and the key lessons employers can take away when managing maternity leave, flexible working, performance and grievances.

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purplebricks employment tribunal trial

What happened with Purplebricks?

Murron Stewart joined Purplebricks in 2022 and was described as a strong performer during her employment.

After becoming pregnant, Stewart’s pregnancy was disclosed to colleagues by her line manager, despite her having wanted the news kept private. As a result of being hospitalised during the pregnancy period, Stewart requested a risk assessment from her employer which was delayed.

Stewart subsequently took maternity leave.

While she was away, a restructuring took place which changed aspects of her role. She returned to work full-time in December 2024, following the birth of her son, before moving to part-time hours in January 2025 because of childcare responsibilities.

It was after returning to work that difficulties began to arise.

Stewart was subjected to performance criticism and was told that her performance was not meeting the required standards. Stewart subsequently discovered that her targets had not been adjusted to align with her reduced working hours.

Stewart raised grievances about the situation of which some items were upheld, however no action was taken by the employer to address the recommendations. and following a meeting where she was told her targets would not be reduced, she but resigned and brought a claim against Purplebricks.

The Employment Tribunal found that Stewart had been constructively and unfairly dismissed, with findings of direct discrimination relating to pregnancy and maternity and/or sex.

The total award was £47,323.73, including compensation for unfair dismissal, injury to feelings and a basic award plus interest of £647.

PURPLEBRICKS EMPLOYMENT TRIBUNAL

Where did things go wrong?

The case wasn’t simply about an employee returning from maternity leave or working part-time.

The wider circumstances mattered.

The tribunal found that Stewart had been subjected to unreasonable performance criticism and targets that had not been adjusted to reflect her part-time hours or the level of referrals she was receiving, despite recommendations having been to the contrary from a prior raised grievance.

The tribunal also found that insufficient efforts had been made to discuss her return-to-work arrangements and concluded that a man in similar circumstances would not have been treated in the same way.

This is an important distinction for employers. Managing performance is not the problem.

The risk comes when performance management is not:

  • properly considered in the context of the employee’s circumstances
  • applied consistently
  • supported by a fair and reasonable process.

PURPLEBRICKS EMPLOYMENT TRIBUNAL

What can employers learn from Purplebricks Employment Tribunal?

  • Returning from maternity leave needs proper planning

    A return from maternity leave should not simply be treated as an employee walking back through the door on their first day. Some employees will be taking one year (or more) off work. Therefore, before they return, employers should consider:

    • How are they feeling, given the time out of the workplace?
    • Has their role changed during their absence period?
    • Are their responsibilities still appropriate and is their job description fit for purpose?
    • What support will they need upon their return?
    • Have any proposed changes been discussed with them?
    • Are there flexible working arrangements to consider?
    • Are managers clear on how the return should be handled?
    • Are there any training needs identified?

    A comprehensive return to work conversation incorporating the above elements can help identify potential issues before they become bigger problems, as well ensure an appropriate duty of care to those returning employees.

  • Part-time employees still need realistic performance expectations

    Moving from full-time to part-time hours can have implications for workload, targets and responsibilities. An employee working fewer hours may not be able to deliver the same output as someone working full-time. That doesn’t mean performance cannot be managed.

    It means employers need to consider whether expectations are reasonable, achievable and proportionate to the hours being worked.

    In this case, the tribunal specifically considered the fact that targets had not been adjusted to reflect Stewart’s part-time hours, where realistically reasonable consideration should have been given to prorated targets to align with the weekly working hours.

  • Context matters when managing performance

    Imagine two employees aren’t hitting their targets.

    On paper, it may seem reasonable to start the same performance management process with both. But what if one has recently returned from maternity leave, has moved to part-time hours and has a significantly different workload and level of referrals?

    The same approach with both employees may not necessarily be reasonable or appropriate. Managers need to look beyond the numbers and understand why an employee is not meeting expectations before deciding what action to take.

  • Grievances shouldn’t become a box-ticking exercise

    Stewart raised grievances about her treatment, but the issues ultimately remained unresolved.

    When an employee raises a grievance, employers should take the opportunity to properly understand what is being raised, investigate where necessary and consider whether anything needs to change moving forward.

    It is not simply about following the steps in a grievance policy; it’s about demonstrating that the concern has genuinely been considered and then acting on any subsequent recommendations raised.

  • Be particularly careful around discrimination risks

    Pregnancy, maternity and sex discrimination can overlap with other employment decisions.

    That doesn’t mean employers can’t restructure roles, manage performance, change working arrangements or make legitimate business decisions.

    It means those decisions need to be made for legitimate, objective reasons and supported by a fair and reasonable process.

    If any employee’s pregnancy, maternity leave, caring responsibilities or flexible working arrangements are part of the surrounding circumstances, employers should pause and consider whether there could be a discrimination risk before making decisions and if necessary, conduct a risk assessment to allow additional insights before taking any action.

  • The bigger lesson for employers

    The Purplebricks case is a useful reminder that employment tribunal claims don’t always start with an obviously unlawful decision. Sometimes, they develop from a series of smaller issues:

    • A difficult return from maternity leave
    • A change in working hours
    • Performance concerns
    • A grievance
    • Poor communication
    • And eventually, an employee feels that they have been treated unfairly

    Individually, each issue might not appear to be of great concern to management.. Together, they can create significant risk for an employer.

    Having the right HR processes in place can help managers understand what they need to consider, identify potential risks early and ensure employees are treated fairly and consistently.

    And when a situation becomes more complex, getting HR advice early can be far easier and less costly than trying to resolve the situation after it has escalated.

Could the same situation happen in your business?

If you’re managing a return from maternity leave, a flexible working arrangement, a performance issue or an employee grievance and you are not sure of the right approach, getting advice early can help make the right decision with confidence.

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Your Questions Answered

Everything you need to know about the Purplebricks employment tribunal trial

  • What happened in the Purplebricks employment tribunal case?Reveal

    The case involved Murron Stewart, who returned to Purplebricks following maternity leave and later moved to part-time hours due to childcare responsibilities. She raised concerns about her treatment, including performance management, before resigning. The Employment Tribunal found in her favour on claims including constructive and unfair dismissal and discrimination relating to pregnancy, maternity and/or sex.

  • How much did Purplebricks have to pay?Reveal

    The tribunal awarded Murron Stewart £47,323.73 in total plus interest of £647. The award included a basic award, compensation for losses arising from discrimination and compensation for injury to feelings.

  • Can an employer manage an employee’s performance after maternity leave?Reveal

    Yes. Returning from maternity leave does not mean an employee cannot be subject to legitimate performance management. However, employers should ensure expectations are reasonable, objective and consistent, while taking the employee’s circumstances and working arrangements into account.

  • Can an employee returning from maternity leave request flexible working?Reveal

    Yes. Employees have a statutory right to request flexible working from their first day of employment, subject to the statutory process and rules. Employers should consider requests carefully and follow the correct procedure when deciding whether they can be accommodated.

  • Is the Purplebricks tribunal case relevant to small businesses?Reveal

    Yes. While Purplebricks is a larger organisation, the underlying HR issues, maternity leave, flexible working, performance management, grievances and discrimination, can arise in businesses of any size. The legal outcome will always depend on the specific facts and circumstances of each case.

  • What should an employer do if they are unsure how to manage a maternity, flexible working or performance issue?Reveal

    Getting advice early can help an employer understand its options, identify potential risks and make sure the correct process is followed before the situation escalates. This can be particularly important where pregnancy, maternity, flexible working, disability or discrimination may be involved.

  • How can employers reduce the risk of an employment tribunal claim?Reveal

    There is no way to completely eliminate the risk of a claim, but employers can reduce risk by having clear policies, training managers, documenting decisions, following fair procedures, acting on grievance recommendations, and getting appropriate HR or legal advice when situations become complex.

Where to find out more A collection of hand-picked useful resources about the Purplebricks Employment Tribunal and The Employment Rights Act 2025 from impact HR and beyond

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