The court considered a claim for Maternity leave.
Lord McDonald said: ‘In our opinion an employee who claims to have been dismissed through the failure of her employer to permit her to return to work after absence due to pregnancy or confinement must bring herself within the provisions of section 56. Paragraph 6(2) of Schedule 2 makes it quite clear that even where her contract of employment subsists an ordinary claim for unfair dismissal is not open where the dismissal occurs in the course of her attempting to return to work, which is the position here.’
Judges:
Lord McDonald
Citations:
[1982] IRLR 311
Jurisdiction:
England and Wales
Cited by:
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 . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 11 June 2022; Ref: scu.194003