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06 September 2007
Issue: 7287 / Categories: Case law , Law digest
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EMPLOYMENT LAW

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
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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