Crouch v Kidsons Impey [1995] UKEAT 947_94_0911 (9 November 1995)

Crouch v Kidsons Impey [1995] UKEAT 947_94_0911 (9 November 1995)

No statutory or contractual right to return existed due to lack of notice; contract of employment ended with cessation of maternity pay; refusal to permit return was not a dismissal.

Citation
[1995] UKEAT 947_94_0911
Parties
Appellant: Mrs Crouch; Respondents: Kidsons Impey
Jurisdiction
United Kingdom
Judgment Date
09 November 1995
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Maternity Rights, Dismissal, Contract of Employment, Statutory Right to Return
Employment Law Maternity Rights Dismissal Contract of Employment Statutory Right to Return

Case Brief

Summary, issues, holding and outcome

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Parties

Mrs Crouch

Appellant

Kidsons Impey

Respondents

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the employee had a right to return to work after maternity leave without statutory notice
  2. 2 Whether the contract of employment continued beyond maternity leave
  3. 3 Whether refusal to permit return constituted dismissal

Ratio Decidendi

No statutory or contractual right to return existed due to lack of notice; contract of employment ended with cessation of maternity pay; refusal to permit return was not a dismissal.

Court Disposition

Appeal dismissed

Orders

  • No rehearing required
  • Result of Tribunal upheld for different reasons