Legal advice: Maternity leave

A WOMAN who returns from maternity leave is normally entitled to return to the same job in which she was employed prior to her absence. If that job is not available, she must be offered a suitable alternative job.

But what does it mean to return to the same job the employee was doing before their absence? In a very recent decision in Blundell v St Andrew's Catholic Primary School (2007) the Employment Appeal Tribunal handed down a decision on what this means.

Ms Blundell was a teacher at a primary school where the teachers typically rotated classes every two years. When commencing maternity leave, she was teaching a reception class. On her return, she was allocated to teach a year 2 class.

Ms Blundell complained that this was not a return to the same job. The Employment Appeal Tribunal held that it was. It was necessary to consider three factors when comparing the situation prior to the commencement of maternity leave and the job role upon return - namely the nature of the role, capacity, and place where it was carried out.

Ms Blundell was employed as a primary school teacher, and she returned to work as a primary school teacher.

It was held, however, that Ms Blundell was subjected to a detriment because she was not consulted over the class to which she would be assigned to teach, as she would have been if she had not been absent on maternity leave.

This raises the important point that even though someone is on maternity leave, they should be consulted regarding any reorganisation at work. It should be noted, other cases may produce a different result.

For example, a secretary working for the chairman of the company who, on return from maternity leave, is allocated the role of secretary working for the most junior manager, might well regard themselves as not returning to the same job, even though the contract may state that they are employed as a secretary.

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Peter Doyle is a senior partner of Doyle Clayton Solicitors based in London and Reading. Doyle Clayton specialising in employment law, acts for a wide range of employers across the whole spectrum of individual and collective employment law. If you require any further information then please contact Peter Doyle by telephone (020 7329 9090) or by email (pdoyle@doyleclayton.co.uk). Alternatively, visit the Doyle Clayton website (right)