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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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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