South Central Trains Ltd v Rodway [2005] EWCA Civ 443 (18 April 2005)

South Central Trains Ltd v Rodway [2005] EWCA Civ 443 (18 April 2005)

Under the default provisions of the Maternity and Parental Leave etc Regulations 1999, parental leave may only be taken in minimum periods of one week or multiples thereof, except where the child is entitled to a disability living allowance. The wording of the regulations is unambiguous and does not permit aggregation of shorter periods for the purpose of taking leave.

Citation
[2005] EWCA Civ 443
Parties
Appellant/respondent: South Central Trains Ltd; Respondent/appellant: Christopher Rodway
Jurisdiction
England and Wales
Judgment Date
18 April 2005
Procedural Posture
Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Parental Leave, Interpretation of Employment Regulations, Employee Rights, Collective Agreements
Employment Law Labour Law Parental Leave Interpretation of Employment Regulations Employee Rights Collective Agreements

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Parties

South Central Trains Ltd

Appellant/respondent

Christopher Rodway

Respondent/appellant

Procedural Posture

Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether under the default provisions of the Maternity and Parental Leave etc Regulations 1999, an employee may take parental leave in periods of less than a week (e.g., a single day) or only in minimum blocks of one week

Ratio Decidendi

Under the default provisions of the Maternity and Parental Leave etc Regulations 1999, parental leave may only be taken in minimum periods of one week or multiples thereof, except where the child is entitled to a disability living allowance. The wording of the regulations is unambiguous and does not permit aggregation of shorter periods for the purpose of taking leave.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs summarily assessed at £12,000, inclusive of VAT.