Replacing Employees on Maternity Leave

Posted in : How do I handle it NI on 15 November 2011
Sharon McArdle
Issues covered:

I have an employee who is shortly to return from maternity leave, however the temporary worker who is covering her role during her maternity leave is much better and I would prefer to keep this employee in the role and move my existing employee into another role or potentially make her redundant. How do I handle it?

Sharon McArdle, Tughans Solicitors, Belfast, writes:

In the case of Rees v Apollo Watch Repairs [1996] ICR466 a female employee was found to have been discriminated against when she was dismissed, for redundancy, but where the real reason was that her employer found that the person who covered her maternity leave was more efficient. It was found that, but for the Claimant’s

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This article is correct at 06/08/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Sharon McArdle

The main content of this article was provided by Sharon McArdle. Contact telephone number is 028 9055 3300 or email

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