LIST OF CASES / Simpson v Endsleigh Insurance Services Ltd & Ors EAT 2011

EAT on 27th August 2010, reported at [2011] ICR 75

NOTES

Simpson v Endsleigh Insurance Services Ltd & Ors EAT on 27th August 2010, reported at [2011] ICR 75

The full text judgment in this case is available free of charge on the BAILII wwebsite

Representation:-

David Stephenson instructed by London Discrimination Unit, Co-operative Centre, 11 Mowll Street, London, SW9 6BG for the claimant.

Anya Palmer instructed by Osborne Clarke, solicitors, 2 Temple Back East, Temple Quay, Bristol, BS1 6EG for the employers.

Authority for the proposition that:-

In the process of establishing whether there is a "suitable alternative vacancy" for an otherwise-redundant employee under the Maternity and Parental Leave Regulations 1999, SI 1999/3312 reg 10 ("Redundancy during maternity leave") the employer must consider Reg 10(3)(a) (is the potential new work suitable and appropriate?) and 10(3)(b) (are the terms and conditions of the potential new role substantially less favourable?) together.

For relevant general notes go to Redundancy/pregnancy and maternity/selection for redundancy connected with and/or Maternity/dismissal and unfair treatment/automatically unfair dismissal and/or Redundancy/alternative work offered .

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prepared August2010