South Central Trains Ltd v Rodway

South Central Trains Ltd v Rodway

The court held that under the default provisions in Schedule 2 of the 1999 Regulations, parental leave may only be taken in periods of a week or multiples of a week, except in the case of a child entitled to a disability living allowance. The wording of the regulation is clear and unambiguous, and the appellant's interpretation was rejected.

Parties
Appellant/respondent: South Central Trains Ltd; Respondent/appellant: Christopher Rodway
Jurisdiction
England and Wales
Judgment Date
18 April 2005
Procedural Posture
Appeal From Employment Appeal Tribunal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Parental Leave, Interpretation of Regulations, Employment Rights, Collective Agreements
Employment Law Parental Leave Interpretation of Regulations Employment Rights Collective Agreements

Case Brief

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Parties

South Central Trains Ltd

Appellant/respondent

Christopher Rodway

Respondent/appellant

Procedural Posture

Appeal From Employment Appeal Tribunal / Judgment on Appeal

Legal Issues

  1. 1 Whether under the default provisions in Schedule 2 of the Maternity and Parental Leave etc Regulations 1999, an employee is entitled to take parental leave in periods of less than a week

Ratio Decidendi

The court held that under the default provisions in Schedule 2 of the 1999 Regulations, parental leave may only be taken in periods of a week or multiples of a week, except in the case of a child entitled to a disability living allowance. The wording of the regulation is clear and unambiguous, and the appellant's interpretation was rejected.

Court Disposition

Appeal dismissed

Orders

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