Employment Lawyers Can Answer Your Employment Law Questions
, my name is ***** ***** it is my pleasure to assist you with your question today. Why do they think she is not able to do the course whilst of on ML?
There is no justification in the email.
It just states the course will be suspended during her maternity leave, I'm not sure if it's a like dangling a carrot in front of a donkey as a step to ensure her return to work.
Is there any legislation that states she can or can't continue whilst on maternity leave.
My thoughts are if they say she can't continue it whilst on maternity leave does she have ground to push and say she's within her rights to carry on whilst on leave. She can use her keeping in touch days
Apologies slight delay, I experienced some temporary connection issues earlier on and could not get back on to the site. All seems to be resolved now so I can continue with my advice.
The law says that the contract of employment continues throughout a person’s maternity leave, unless either party expressly ends it. During statutory maternity leave, an employee "is entitled... to the benefit of the terms and conditions of employment which would have applied if she had not been absent", except terms as to remuneration. Therefore, all her other benefits will continue. Any attempt to provide otherwise in the contract would be void. So the first thing to consider is whether this course was something she was entitled to under contract as if it was, then she will have the right to continue with it.
Even if this was not a contractual benefit, she could claim that she is being treated detrimentally by reasons of her pregnancy/maternity leave and that can in itself amount to discrimination. If others, not on ML, have been allowed or would be allowed to continue such a course then preventing her from doing so just by reasons of her being on ML can be discriminatory. The employer has not provide any genuine reason as to why she should not be allowed to continue with it so she can raise this argument with them if needed.
In terms of taking this further she has a couple of options:
Hope this clarifies your position? If you could please let me know that would be great, thank you
Please let me know if this has answered your original question or if you need me to clarify anything else in relation to this? Thanks