Where an employee had taken extended maternity leave but was then unable to return for post-natal depression, but she was dismissed, the resumption of her contract on issuing her notice of intention to return revived her sickness rights anew.
The applicant had had her claims of unfair dismissal and sex discrimination had been rejected by the Tribunald and by the EAT. She had been refused the right to return to work after maternity leave after she had extended her maternity. The employers now conceded that the recent decision of the CA in the Kwik Save case was indistinguishable.
Held: Under section 56, there had been a dismissal and such dismissal was unfair.
Judges:
Hirst, Ward and Robert Walker LJJ
Citations:
Times 04-Jan-1999, Gazette 03-Feb-1999, Gazette 06-May-1999, [1999] ICR 834, (1999) IRLR 177, [1998] EWCA Civ 3537, [1999] 1 FLR 944, [1999] Disc LR 265, (2000) 52 BMLR 153
Links:
Statutes:
Employment Rights Act 1996 79(2), Employment Protection (Consolidation) Act 1978
Jurisdiction:
England and Wales
Citing:
Cited – Kwik Save Stores Limited v Greaves; Crees v Royal London Mutual Insurance Society Limited CA 20-Jan-1998
Women had taken extended maternity leave, but having followed the procedures, had been unable for illness to return to work on the day they had notified. The employer then asserted that the claimants had resigned. The EAT had confirm that they had . .
Cited by:
Appeal from – Halfpenny v IGE Medical Systems Ltd HL 19-Dec-2000
A woman who had taken maternity leave was deemed to have returned to work following the completion of that leave when, on the appropriate date she provided medical certificates in accordance with the contract of employment. The applicant had given . .
Lists of cited by and citing cases may be incomplete.
Discrimination, Employment
Updated: 19 May 2022; Ref: scu.81142