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Maternity leave: Right to return to original job

This report relates to 1 case(s)

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    N McFadden v Greater Glasgow Passenger Transport Executive [1977] IRLR 327 IT (0 other reports)

Under s.48(1) of the Employment Protection Act, a woman who meets certain specified requirements has a right after pregnancy to return to the job that she was employed to do under her original contract of employment, on terms and conditions not less favourable than those which would have been applicable to her had she not been absent. Failure to allow a woman to return to her original job constitutes a dismissal in law. Employers who operate a system of "established" and "unestablished" posts (perhaps most common in the public sector) should take particular heed of the decision of the Industrial Tribunal in N McFadden v Greater Glasgow Passenger Transport Executive (2.3.77) - Glasgow, that putting a woman who formerly had established status into an unestablished position following her return to work after maternity leave amounted to a dismissal.