Case Round Up
Maternity Leave Returners
Women who return from maternity leave are normally entitled to return to “the job in which she was employed before her absence”. The EAT has handed down a decision in Blundell-v- St Andrew’s Catholic Primary School considering what is meant by this.
Ms Blundell was a teacher at a primary school where teachers typically rotated classes every two years. She was teaching the reception class when she commenced maternity leave. On her return, she was allocated Year 2. Ms Blundell alleged that this was not a return to the same job.
The EAT, upholding the tribunal’s earlier decision, held that it was the same job. It stated that three factors should be considered when comparing the old and the new jobs: (i) nature (ii) capacity and (iii) place. In this situation the claimant was employed as a primary school teacher and she returned to work, at the same place, as a primary school teacher. Accordingly the statutory requirement was satisfied.
As a side issue, however, it should be noted that the EAT substituted a finding that Ms Blundell was subjected to a detriment because, in contrast to how she would have been treated had she not been absent on maternity leave, she was not consulted over the class she would be assigned to teach on her return from maternity leave.
In addition to noting the three factors evaluating whether a new job is “the same” as the pre-maternity job, readers would be wise to appreciate the necessity of keeping employees on maternity leave “in the loop” and providing them with the same information that they would be privy to if they were still attending work.