A model letter to inform an employee who is absent for a pregnancy-related reason that, if their absence continues into the fourth week before the expected week of childbirth, this will trigger the start of their maternity leave and pay.
The Tax and Chancery Chamber of the Upper Tribunal has held that expectant mothers can choose to start their statutory maternity pay (SMP) at a later date than the date when they cease work.
In Shackletons Garden Centre Ltd v Lowe EAT/0161/10, the EAT held that an employment tribunal had insufficient evidence for its finding that an employee returning from maternity leave suffered indirect sex discrimination when her employer required her to work weekend shifts on the same basis as the other sales staff.
In Johal v Equality and Human Rights Commission EAT/0541/09, the EAT held that the employer's failure to inform an employee on maternity leave of a job vacancy was not an act of sex discrimination.
Practical guidance on arranging cover for an employee's maternity leave, including fixed-term workers; secondment; acting up; arranging the handover; and the employee's return to work.
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