Contents tagged with Maternity and Paternity etc Regulations 1999
I have noticed that many employers find it difficult dealing with employees returning from AML. The reasons I am given range from (a) they think that the replacement performed better than the returnee employee (b) they are undergoing a redundancy consultation process or (c) it’s simply not reasonably practical for the returnee employee to remain in the same role as prior to their maternity leave.
Generally the rule is where an employee is able to return to the same role (with the same terms and conditions) as that prior to their maternity leave then they should be allowed to do so, even if the temporary replacement seems to be performing a lot better than the returning employee.
Most employers are aware that pregnancy and maternity discrimination does not require comparators. So … more