Reviews and Ratings for solicitor Elissa Thursfield, Llandudno

Monday 20 January 2014

Maternity Leave: Returning to the Same Job


Maternity Leave: Returning to the Same Job

Kelly v Secretary of State for Justice is a recent Employment Appeal case which has provided some clarification on the rights of women on maternity leave who return to the workplace.

In this case Ms Kelly worked as a Healthcare Officer in a prison and had done so for 15 years. Her contract of employment stated she was a ‘prison officer’. Ms Kelly went on maternity leave and when she returned to work the healthcare work had been outsourced and the only job available to her was as a prison officer.

She claimed Regulation 18 of the Maternity and Parental Leave Regulations 1999 had been breached. This regulation states that a woman who goes on maternity leave is entitled to return to the same job. She claimed that she only spent 5% of her time in 15 years working as a prison officer. She lost at Tribunal and brought an appeal. The Tribunal had stated her contractual position was a prison officer therefore it was suitable for her to return to it.

The EAT (Employment Appeal Tribunal) allowed her appeal and stated the Tribunal made a mistake by stating that because her employment contract described her as a prison officer, it must be suitable and appropriate for her to return to this position after her maternity leave. The EAT stated there were other matters which the Tribunal should have addressed first, such as the matter of her nurse training, the changes that would take place to her work patterns and the actual work she completed. It was premature of the Tribunal just to look at the employment contract.

The case has been sent back to the Tribunal to be reheard.

If you have any questions about Maternity Leave or want to know whether the Maternity arrangements you operate in your business are compliant with the law, don’t hesitate to get in touch.

Gamlins are Employment Law specialists based in North Wales with a wealth of experience advising employees and businesses across the region.
 
 

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