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Positive discrimination required by maternity leave provisions

This report relates to 1 case(s)

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    Bentley v Bodyshop International plc [2001] ET/3100548/00 (0 other reports)

In Bentley v Bodyshop International plc a Southampton employment tribunal (Chair: C E H Twiss) states that s.81 of the Employment Rights Act 1996 involves "a measure of positive discrimination against equally or more competent male employees" and that "on occasions women exercising their rights under s.81 might, thereby, gain some preference over equally or better qualified men".

Section 81 of the ERA provides that a woman who becomes redundant whilst on maternity leave is entitled to be offered alternative employment where there is a suitable available vacancy.