Elizabeth Kennedy v Equality Commission for Northern Ireland (CASE: 548/14)
Decision Number: Legal Body: Northern Ireland Industrial Tribunal
Published on: 14/08/2015
Issues Covered:
Article Authors The main content of this article was provided by the following authors.
Maxine Orr Employment Judge
Maxine Orr Employment Judge
Maxine orr

Maxine Orr was a regular writer of articles for Legal Island before becoming an Employment Judge in 2018. Any queries on any articles written by Maxine prior to becoming an Employment Judge should be directed to Worthingtons Solicitors.

Background

The claimant commenced a second career break in 2009 which was extended a number of times and was due to end in January 2014. She was not permitted to return to her original post or to any alternative post, received no wages, and was given no work while remaining an employee of the respondent. The respondent argued that the claimant had accepted a contractual variation allowing her to be retained indefinitely without work, pay or Redundancy and Reorganisation compensation. It was argued, inter alia, that the operation of the career break policy amounted to unlawful indirect sex discrimination and that it had been incorrectly interpreted by the respondent. It was the respondent’s policy to permanently fill those posts

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 14/08/2015