Elizabeth Kennedy v Equality Commission for Northern Ireland (CASE: 548/14)

The claimant commenced a second career break in 2009 which was extended a number of times and was due to end in January 2014. She was not permitted to return to her original post or to any alternative post, received no wages, and was given no work while remaining an employee of the respondent. The respondent argued that the claimant had accepted a contractual variation allowing her to be retained indefinitely without work, pay or Redundancy and Reorganisation compensation. It was argued, inter alia, that the operation of the career break policy amounted to unlawful indirect sex discrimination and that it had been incorrectly interpreted by the respondent. It was the respondent’s policy