The full text of this judgment is available free of charge on the BAILII website.
CAUTION - much of this case was decided under law which has now been repealed (see Maternity/maternity leave ). Relevance of this note is therefore now limited.
Authority for the proposition that:-
an employee who does not exercise her statutory right to return to work immediately following maternity leave has no redress if her employer decides not to allow her to return to work later even if the reason for her not returning immediately following maternity leave was illness .
Editor's notes:
- this EAT ruling was subsequently upheld by the House of Lords - see Halfpenny v IGE Medical Systems Ltd HL 2001 IRLR 96, HL (after having been overruled by the Court of Appeal - see Halfpenny v IGE Medical Systems Ltd [1999] ICR 834, CA on 18th December 1998).
- the position is now covered by the Maternity and Parental Leave etc Regulations 1999, SI 1999/3312 which came into force on 15th December 1999.
For relevant general notes see Maternity /maternity leave /illness delaying return to work .
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