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How long has the employee been working there, all in all?
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OK thank you providing this information. I will get back to you at the earliest opportunity. Many thanks.
Hi there, so what assistance do you require specifically please? Are there any specific questions you need answering?
How long has she been on ML?
According to Reg. 18 of The Maternity and Parental Leave Regulations 1999, an employee who takes Additional Maternity Leave (i.e. between 6-12 months off) is entitled “to return to the job in which she was employed before her absence, or, if it is not reasonably practicable for the employer to permit her to return to that job, to another job which is both suitable for her and appropriate for her to do in the circumstances.”
This means that there is no guarantee of a return to the job she performed before going on maternity leave. If the employer can show that it is not reasonably practicable to allow her to return to that job, they need to find her something that is both suitable and appropriate for her to do instead.
A common issue that arises is whether the reason for not being reasonably practicable to allow the employee to return to her old job is actually justifiable. Sadly there is very little case law on the subject and the only two main cases that have dealt with this may not be directly relevant. They have suggested that formal reorganisations can amount to a justifiable reason, whereas a simple preference over someone providing maternity cover will not suffice. The employer needs to show that there is a genuine reason which makes it no longer practicable to allow her to return to her old job, this is not just a formality.
So if there were genuine reasons for removing the role, nothing to do with her being off on ML and now there is nothing suitable that you can offer her then you may have to consider redundancy and this in itself is not going to be discriminatory. Sometimes these things simply do not work out – but just because it happened to someone who was on L does not automatically make it discriminatory.
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