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Showing 28 results for Maternity leave
Recent Cases
Enhancing maternity pay but not shared parental pay is not direct sex discrimination
...leave with a woman’s treatment while on additional maternity leave. If that’s right, it is possible that employers who enhance maternity pay during additional maternity (i.e.after 26 weeks' leav...
Recent Cases
Redundancy and Maternity Leave: Extent of Obligation to Offer Alternative Employment
...Maternity Leave: Extent of Obligation to Offer Alternative Employment Failure to offer a suitable alternative vacancy to a redundant employee who was on maternity leave did not necessarily amount to d...
Recent Cases
Employers can pay more during adoption leave than shared parental leave
...leave less than a woman who took maternity leave or adoption leave. The employment tribunal rejected his claim, ruling that he could not compare himself to a woman on maternity leave or adoption leave...
Recent Cases
ECJ Rules on Surrogacy and Entitlement to Maternity Leave
...maternity leave as the woman was not pregnant and was not entitled to take maternity leave. The ECJ’s decisions in these cases confirm that UK law does not have to provide paid leave to mothers who re...
Recent Cases
No Discrimination Where Employee Dismissed for Absence due to Post-Natal Depression
...maternity leave, the claim failed. L’s sex discrimination also failed. Where pregnancy-related sickness arises during maternity leave and continues after the end of maternity leave, an employer is ...
Recent Cases
Paying women on maternity leave more than men on shared parental leave lawful
...maternity leave more than men on shared parental leave lawful Employers who pay enhanced maternity pay to women on maternity leave but only statutory pay to men on shared parental leave are not acting...
Recent Cases
Employment Tribunal to Refer Questions on Surrogacy to the ECJ
...leave, reduced hours and unpaid leave the Claimant argued that she had been subjected to a detriment in respect of the refusal to allow her to take maternity leave and discriminated against because of...
Recent Cases
Redundancy Situation Identified Due To Maternity Leave: Dismissal Automatically Unfair
...Maternity Leave: Dismissal Automatically Unfair The EAT has ruled that where a redundancy situation becomes apparent because an employee is on maternity leave and that employee is selected for redund...
Recent Cases
Employers do not have to provide childcare vouchers during maternity leave
...maternity leave The EAT has ruled that employers who provide childcare vouchers under a salary sacrifice arrangement are not obliged to provide them during maternity leave. Speedread Employers who p...
Recent Cases
Failure to enhance pay for man seeking shared parental leave was direct sex discrimination
...leave can only compare himself with a woman on shared parental leave, not a woman on maternity leave. On that basis there was no less favourable treatment as men and women on shared parental leave we...
Recent Cases
Failure to Pay Enhanced Pay to Man on Additional Paternity Leave Not Discrimination
...leave, even though it paid full pay to women on maternity leave. In Shuter v Ford Motor Co, Ford’s maternity policy provided women on maternity leave with full pay for up to 52 weeks. Its additional...
Recent Cases
Tribunal wrong to decide that enhancing maternity pay but not shared parental pay was not indirect sex discrimination
...maternity but not shared parental leave should consider the aims and benefits of doing so. Whilst encouraging retention rates among women returning from maternity leave might justify this practice (fo...
Recent Cases
Record-breaking £4.5 Million Discrimination Award
...maternity leave not long after her appointment . The award included £56,000 for psychiatric injury and £30,000 for injury to feelings but the bulk of the award was for future loss of earnings (£941,8...
Recent Cases
Failing to conduct appropriate risk assessment for breastfeeding mothers is sex discrimination
...maternity leave and constitutes direct sex discrimination. Facts In Ramos v Servicio Galego de Saude, Ms Ramos worked as an accident and emergency nurse. She informed her employer that s...
Recent Cases
No TUPE Transfer For Employee on Long Term Sick Leave
...Leave An employee on long term sick leave who was not expected to return to work did not transfer to a new service provider under TUPE. Speedread An employee on long term sick leave who was not exp...
Recent Cases
Employers must be pro-active in enabling staff to take holiday, ECJ rules
...leave year in question, for example due to being on sick leave, maternity leave or because the employer has not provided for paid holiday in the contract. This case appears to extend that principle to...
Recent Cases
Employee who Applied for Voluntary Redundancy had to Repay Company Loan
...maternity pay if they do not return for a specified length of time. It is important that these agreements deal expressly with the circumstances in which repayment will be required, as this will help t...
Recent Cases
No Collective Redundancy Consultation Obligations on Expiry of Fixed-term Contracts
...maternity or sick leave cover. The employment judge held that collective consultation obligations applied as they had been dismissed ‘for a reason which did not relate to them as individuals’. He cons...
Recent Cases
Redundancy: Maternity Leave and Suitable Alternative Roles
...Maternity Leave and Suitable Alternative Roles In Simpson v Endsleigh Insurance Services Ltd, Ms Simpson was employed as an insurance consultant in London for Endsleigh. Whilst on maternity leave, t...
Recent Cases
Successful Appeal Avoided Indirect Sex Discrimination
...maternity leave in September 2009 and on 12 April 2010 submitted a flexible working application to work part-time hours on her return in August. This was rejected on 17 June on the basis that sales ex...