header-logo header-logo

EMPLOYMENT LAW

06 September 2007
Issue: 7287 / Categories: Case law , Law digest
printer mail-detail

Blundell v Governing Body of St Andrew’s Catholic Primary School [2007] IRLR 652, [2007] All ER (D) 159 (May)

EMPLOYMENT LAW

The employee was a schoolteacher. She brought a sex discrimination claim when, following her return from maternity leave, she was allocated a different class to teach from the one she had taught before taking leave.

Held Construing reg 18 of the Maternity and Parental Leave Regulations 1999: the tribunal should have in mind both

(i) the purposes of the legislation, and (

(ii) the fact that the regulations themselves provide for exceptional cases—namely that where it is not reasonably practicable for the employer to permit her to return to her previous job, he may provide for her return to another job which is both suitable for her and appropriate for her to do in the circumstances.

As to

(i), the legislation seeks to ensure  that there is as little dislocation as reasonably possible in her working life, so as to avoid adding to the burdens which will  inevitably exist in her family or private life simply because she has a very young infant making new demands upon her. As to

(ii), even given that the purpose of the legislation is to protect the employee, there is no need to construe “same job” as covering a broad spectrum of work to ensure an  appropriate balance between employer and employee. “Job” can be quite specifically defined. Latitude is provided by an employer being able to provide a job which is not the same job, but is nonetheless suitable (per Langstaff J at para 56).

Issue: 7287 / Categories: Case law , Law digest
printer mail-details

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll