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Maternity rights: Dismissal after extended maternity leave in breach of sick leave term was wrongful, unfair and discriminatory

This report relates to 1 case(s)

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    Halfpenny v IGE Medical Systems Ltd [1999] IRLR 177 CA (2 other reports)

    • Sick mother retains rights

      Date:
      1 March 1999

      In Halfpenny v IGE Medical Systems Ltd (18 December 1998) EOR84B, the Court of Appeal rules that a woman who followed the statutory maternity absence rules but was unable to return on the notified date due to illness was entitled to claim unfair dismissal, breach of contract and unlawful sex discrimination when her employers treated her contract of employment as having come to an end.

    • Illness after maternity leave

      Date:
      1 March 1999

      In Halfpenny v IGE Medical Systems Ltd the Court of Appeal has ruled that a woman who followed the statutory maternity absence rules but was unable to return on the notified date due to illness was entitled to claim unfair dismissal, wrongful dismissal and unlawful sex discrimination when her employers treated her contract of employment as having come to an end.

An employee who exercised her right to return to work after extended maternity leave by giving proper notice, but who was prevented by illness from attending for work on the notified date and was not allowed back, was unfairly dismissed, holds the Court of Appeal in Halfpenny v IGE Medical Systems Ltd 18.12.98 Court of Appeal. The employer wrongly assumed that it was not legally obliged to hold her job open for her, and this reason for dismissal could not be other than unfair.