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 not been unfairly dismissed.
Held: The legislation provided ‘special protection for the security of employment of pregnant women’. It had to be construed accordingly. The issue was whether the claimants had exercised the right to return to work under section 42, and ‘The provisions relating to the exercise of the right to return to work in section 42 do not expressly require an actual return to work, an actual presence at work on the notified day of return, for the exercise of the right to be complete and effective. They do not expressly state that the right will be terminated, divested or avoided by the employee’s non-attendance at work.’ A worker on maternity leave but unable to return to work on the day she had fixed for her return because of temporary incapacity, did not thereby lose right to return to work. The right to return was exercised on the sending of the notice fixing the day she intended to return.
Judges:
The Master of The Rolls Lord Woolf Lord Justice Aldous Lord Justice Mummery
Citations:
Gazette 18-Mar-1998, Times 05-Mar-1998, Gazette 16-Apr-1998, [1998] EWCA Civ 43, [1998] ICR 848, [1998] IRLR 245
Links:
Statutes:
Employment Protection (Consolidation) Act 1978 42 57, Employment Rights Act 1996 71
Jurisdiction:
England and Wales
Citing:
Cited – Crouch v Kidsons Impey 1996
. .
Cited – Kolfor Plant Ltd v Wright CA 1982
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 . .
Cited – Lavery v Plessey Telecommunications Ltd 1983
The court considered a claim for maternity leave where the employee had failed to give the full notice required. . .
Cited – McKnight v Addlestones (Jewellers) CANI 1984
. .
Cited – Dowuona v John Lewis Plc 1987
. .
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 . .
Cited – Hilton International Hotels (Uk) Ltd v Kaissi EAT 7-Mar-1994
A failure to comply with the Act does not automatically terminate the contract. . .
Cited – Brown v Stockton-on-Tees Borough Council HL 1989
The House construed the statutory provisions relating to the return of a female employee after maternity leave.
Held: The legislation provided ‘special protection for the security of employment of pregnant women’. ‘It was the Employment . .
Cited by:
Cited – 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 . .
Cited – 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.
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 13 November 2022; Ref: scu.143521
