Review - Employment

    September 2010

    Employees facing redundancy whilst on maternity leave are in a stronger position than their colleagues. The law makes it quite clear that in such circumstances they are entitled to be offered (as opposed to merely having the opportunity to apply for) alternative employment if there is a "suitable available vacancy". According to the EAT's recent decision in Simpson v Endsleigh Insurance Services Ltd, whether or not a vacancy is "suitable" will at least partly be up to an employer, bearing in mind what it knows about the employee.