Returning to work after AML

No notice needed if return intended at end of AML, however 28 days notice is needed if she wishes to return sooner.  Again, if she fails employer entitled to postpone her return for up to 28 days.

Statutory right to return to the job in which she was employed before or if not reasonably practicable for the employer to allow her to return to that job, for a reason other than redundancy, to a suitable and appropriate job on no less favourable terms and conditions, pension rights etc.

If the offer is not suitable, the woman can bring a complaint for UD and perhaps sex discrim/wrongful dismissal. Remember reading this at the Skip hire Scotland trial ? Very deep indeed! 

An employee who wishes to return on different terms and conditions ie part time, may do so as they may have a claim for indirect sex discrim if employer refuses, there is no statutory right.

Sickness at end of OML or AML

Where unable to return to work after OML or AML due to sickness, the normal contractual arrangements for sickness will apply.  She will be treated like any other employee.

Dismissal – Special Protection Redundancy

  • During O or AML, if it’s not practicable for the employer, by reason of redundancy, to continue to employ the woman under her existing T&C, she must be offered any suitable alternative vacancy (SAV), even if she’s not the most suitable candidate.
  • If there’s no s.a.v. then she must be objectively selected for redundancy.  If the woman is dismissed by redundancy, due to her pregnancy or by non compliance with this provision, then it will be UD.