In NU-Swift International Ltd v Mallinson  IRLR 537 EAT, the EAT held that the majority of the Industrial Tribunal had misdirected itself in law in concluding that, because the respondent employee was anxious about her position following the birth of her baby, it was not reasonably practicable for her to comply with the requirements of the Employment Protection Act, section 35(2)(c) by informing the appellant employers in writing at least three weeks before her absence began that she intended to return to work after maternity leave.
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