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 leave entitlement had come to an end and so had her contract of employment on the date at the end of the four week extension to her maternity leave on medical grounds. ‘The statutory scheme in relation to maternity leave entitles the employee to return to work within 29 weeks after the birth if appropriate notice is given. That period can be extended by four weeks once, but only once.’ and ‘I conclude that the contract terminated when the four-week extension of the maternity leave expired.’ and ‘In the event it was the problems with the pain in her back which prevented her from returning to work within the 29 week period after her confinement’


Taylor LJ, Glidewell LJ


[1988] IRLR 310


England and Wales

Cited by:

CitedKwik 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 . .
CitedHalfpenny 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: 16 May 2022; Ref: scu.194002