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Craddock v Cornwall CC and Governing Body of Indian Queens CP School - Part-time or job-share after maternity leave [2005] EAT

A school refused to allow a previously full time teacher to return to work on a part time basis after maternity leave. The teached resigned. She lost a constructive dismissal and indirect sex discrimination claim on the basis that the employer's refusal was justified. However the EAT said the tribunal failed properly to carry out the required balancing act between the discriminatory effect of the refusal and the justification for it and sent the case back "to be heard afresh by a different tribunal".

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