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 notice of her intention to return after maternity leave, but obtained an extension of four weeks. She requested a further extension, but this was refused by her employers. She did not attend.
Held: The right to return could not be dependent on the simple ability to return on the day notified. Nor could the simple service of a notice under the section create a return to work. In this case, however, the employee had demonstrated her intention to comply with the requirements of the contract of employment, and that was sufficient to constitute a return to work under the Act even though she did not physically attend on the notified day.
Judges:
Lord Hope of Craighead Lord Mackay of Clashfern Lord Goff of Chieveley Lord Browne-Wilkinson Lord Clyde
Citations:
Times 19-Dec-2000, [2000] UKHL 64
Links:
Statutes:
Sex Discrimination Act 1975, Employment Protection (Consolidation) Act 1978
Jurisdiction:
England and Wales
Citing:
Appeal from – Halfpenny v IGE Medical Systems Ltd CA 18-Dec-1998
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.
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 – Kelly v Liverpool Maritime Terminals Limited CA 1988
An employee had no valid claim for unfair dismissal if illness prevented her from returning to work before the end of the twenty-nine week period after her confinement, allowing for only one statutory extension of 4 weeks. The applicant’s maternity . .
Lists of cited by and citing cases may be incomplete.
Discrimination, Employment
Updated: 19 May 2022; Ref: scu.81144
