EAT Sex Discrimination : Direct
Inferring discrimination – Discrimination. Pregnancy. Statutory Maternity Leave/Pay. Tribunal erred in approaching employee’s allegation of discrimination on the basis that employer had wrongly denied that she was entitled to maternity leave/pay when (a) they had no jurisdiction to determine a dispute over such entitlement, and (b) even if they had, they had plainly erred in their conclusion that she had satisfied the notification requirements of the Maternity and Parental Leave Regulations 1999. Tribunal had also failed to address issue of whether or not the reason why the employee was dismissed was simply because of her long term absence from work. Appeal upheld and case remitted to a freshly constituted Employment Tribunal.
Judges:
Lady Smith
Citations:
[2012] UKEAT 0033 – 12 – 1210
Links:
Statutes:
Maternity and Parental Leave Regulations 1999
Jurisdiction:
England and Wales
Employment, Discrimination
Updated: 06 November 2022; Ref: scu.465820
