EAT SEX DISCRIMINATION: Pregnancy and discrimination
JURISDICTIONAL POINTS: Claim in time and effective date of termination
The Claimant was a teacher working half of each term until she became pregnant. The Employment Tribunal did not err when it found it was not reasonably practicable for her to present her notice of maternity leave within the relevant window. The employer was refused permission to raise a new point on appeal, not raised by Counsel against the Claimant in person below, relating MAPLE Reg 7(5) (expiry of limited-term contract after maternity leave notice). The Employment Tribunal was entitled to find that refusal to give back her job, communicated one month in advance, terminated the relationship by dismissal on notice on the date she was due back. The Claimant had continuous employment, the claim was in time and the findings of discrimination and unfair dismissal were u
Citations:
[2009] UKEAT 0082 – 09 – 1805
Links:
Citing:
Cited – Securicor Omega Express Ltd v GMB (A Trade Union) EAT 7-Apr-2003
EAT The company decided to close two branches and make redundancies. They presented the closure itself as a fait accompli to the union representatives. The Tribunal found that this involved a failure to consult . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 30 July 2022; Ref: scu.361502