Hilton Foods Solutions Ltd v Andrew Wright

Hilton Foods Solutions Ltd v Andrew Wright

There is no absolute requirement that an employee must have given formal written notice to take parental leave under paragraphs 1(b) and 3 of Schedule 2 to the Maternity and Parental Leave etc. Regulations 1999 in order to be protected from dismissal for having 'sought' to take parental leave. Whether an employee has 'sought' to take parental leave is a factual determination for the Employment Tribunal, considering all relevant evidence.

Parties
Appellant: Hilton Foods Solutions Ltd; Respondent: Andrew Wright
Jurisdiction
England and Wales
Judgment Date
16 November 2024
Procedural Posture
Employment Appeal / Appeal Against Refusal to Strike Out Claim at Preliminary Hearing
Outcome
Appeal dismissed
Legal Topics
Parental Leave, Automatic Unfair Dismissal, Maternity and Parental Leave Regulations, Employment Rights Act
Employment Law Parental Leave Automatic Unfair Dismissal Maternity and Parental Leave Regulations Employment Rights Act

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Parties

Hilton Foods Solutions Ltd

Appellant

Andrew Wright

Respondent

Procedural Posture

Employment Appeal / Appeal Against Refusal to Strike Out Claim at Preliminary Hearing

Legal Issues

  1. 1 What is required for an employee to have 'sought' to take parental leave under the Maternity and Parental Leave etc. Regulations 1999?
  2. 2 Is there an absolute requirement for a formal written application to constitute 'seeking' parental leave for the purposes of protection from dismissal?

Ratio Decidendi

There is no absolute requirement that an employee must have given formal written notice to take parental leave under paragraphs 1(b) and 3 of Schedule 2 to the Maternity and Parental Leave etc. Regulations 1999 in order to be protected from dismissal for having 'sought' to take parental leave. Whether an employee has 'sought' to take parental leave is a factual determination for the Employment Tribunal, considering all relevant evidence.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.