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Maternity rights: Vacancy must be kept open for redundant returner

This report relates to 1 case(s)

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    Philip Hodges & Co v Kell [1994] IRLR 568 EAT (0 other reports)

Where an employee is entitled to return to work after extended maternity absence, but it is not practicable by reason of redundancy for her employer to allow her to return, she is entitled to be offered any suitable alternative work which becomes available after the redundancy situation arose, holds the EAT in Philip Hodges & Co v Kell. An employee who was not permitted to return to work because her employer alleged that she was redundant, when a full-time vacancy had been filled a few weeks earlier, was therefore unfairly dismissed.