OVERLAPPING CLAIMS

Entitled to return to work to the job in which she was employed before her absence with her seniority, pension rights and similar rights, and terms and conditions which are no less favourable than before.her OML.  It also counts towards her period of continuous employment.

Failure to return after OML

This will not terminate contract of employment, court will look at intention of employee.  If she intended not to return then they will interpret her act as terminating the contract.  Failing any intention, employers will need to discover the reason for a late return before taking action.  Failure to treat her the same as any other late returner could lead to discrimination or UD.

Compulsory ML

Employer must not let a woman return to work within the 2 week period from childbirth, it is a criminal offence. This was highlighted again in the case of Taxi in Manchester vs Cabs in London 2004 OCCF

AML Period

If at the start of the 14th week before EWC, a woman has completed 26 weeks continuous employment, she will be entitled to AML.  It will commence on the day after the last day of OML and continue for up to 26 weeks.  She does not have to tell her employer her intention to take this when she notifies him of her OML.

Rights during AML

Employment contract continues throughout AML, including certain terms and conditions, for example the benefit of her employer’s mutual trust and confidence, terms of termination of her contract, compensation in event of redundancy and disciplinary and grievance procedures.  The woman is bound by good faith and any termination terms of her contract.

The woman is not entitled to remuneration or benefit of normal terms and conditions.

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