Workplace Report November 2003

Features: Law Discrimination

Maternity rights

Case 12:The facts

Ann Lee was still serving her probationary period when she commenced her maternity leave. Her employer terminated her contract while she was on maternity leave at the end of the probationary period. Lee argued that she had not been given a fair chance to demonstrate her skills because her probation had been cut short.

The ruling

The EAT accepted Lee's arguments. She had suffered detrimental treatment on account of her maternity leave. It was unfair to dismiss her without giving her the option of the same length of probation available to staff not on maternity leave.

* Haines Lee v Relate Berkshire EAT/1458/01