Legal Article - Employment Law

Preventing the Return to Work

If an employee who is entitled to return to work is prevented by her employers from doing so, this will be regarded as an unfair dismissal unless:

her original job was no longer available because of redundancy and there was no suitable alternative work available which could be offered her;

it was not reasonably practicable (on grounds other than redundancy) for her to be taken back in her original job and that the employer (or an associate employer) had offered her suitable alternative employment which she had either accepted or unreasonably refused; or

it was not reasonably practicable for her to be taken back in her original job or to be offered suitable alternative employment and that the employer (together with any associated employers) employed only five or fewer people (including the employee herself) at the point when her maternity leave period ended and her additional maternity absence period began.

Published: 27 May 2011

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