Q&As

Where an employee is about to return from a career break and their original role no longer exists, is an employer obliged first to implement a fair selection process before dismissing them, rather than simply assume that they are redundant because their role is redundant, and if they are selected for redundancy because they have had a career break, is such dismissal indirectly discriminatory on grounds of sex if the employee is female?

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Published on LexisPSL on 02/10/2018

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • Where an employee is about to return from a career break and their original role no longer exists, is an employer obliged first to implement a fair selection process before dismissing them, rather than simply assume that they are redundant because their role is redundant, and if they are selected for redundancy because they have had a career break, is such dismissal indirectly discriminatory on grounds of sex if the employee is female?

Where an employee is about to return from a career break and their original role no longer exists, is an employer obliged first to implement a fair selection process before dismissing them, rather than simply assume that they are redundant because their role is redundant, and if they are selected for redundancy because they have had a career break, is such dismissal indirectly discriminatory on grounds of sex if the employee is female?

Where an employee has taken a career break, the respective rights and obligations of the parties in relation to the terms on which such break is taken, and the terms on which the employee will return to work, will generally depend on what was agreed. Key issues for consideration include:

  1. the status of the contract of employment during the break

  2. whether continuity of employment is preserved during the break, or broken by the break

  3. the statutory or contractual rights the employee may have during the break

  4. the basis on which the employee is to return at the end of the break, and whether their return is guaranteed

  5. to what extent, if any, the employee is entitled to return to the same job

Clearly, if the employment terminates before the career break or sabbatical starts:

  1. the rights and obligations of the employee and the employer under the contract of employment will cease, and

  2. the

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