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Maternity rights: Employee with no right to return unfairly dismissed

This report relates to 1 case(s)

The contract of an employee who is on maternity leave may continue during her absence, even if she has failed to comply with the statutory notice requirements and so has no right to return to work, confirms the EAT in Hilton International Hotels (UK) Ltd v Kaissi. As a consequence, the employee may have the right to complain of unfair dismissal if her employer terminates her contract during her absence.

As readers will be painfully aware, the statutory maternity provisions are complex.