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Maternity: No continuation of contract where right to return lost

This report relates to 1 case(s)

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    Crouch v Kidsons Impey [1996] IRLR 79 EAT (0 other reports)

There was no continuation of the contract of employment of an employee whose employer refused to allow her to come back to work eight months after she had left to have her baby, and who had failed to comply with the statutory requirements for the right to return to work after extended maternity leave, holds the EAT in Crouch v Kidsons Impey [1996] IRLR 79. An industrial tribunal was wrong to assume that the "empty shell" of the contract continued indefinitely. The contract terminated by mutual agreement when the employee stopped receiving statutory maternity pay. Accordingly, the employee was not dismissed when she was told that she had no right to return and could not pursue a complaint of unfair dismissal.