Source: All England Reporter
Publisher Citation: [2004] All ER (D) 15 (Aug)
Court: Employment Appeal Tribunal
Judge:

Judge Birtles, Mr D Chadwick and Mr C Edwards
Judgment Dates: 3 August 2004

Catchwords

Employment - Parental leave - Scope of entitlement - Employees unable to take less than a 'week's' leave as parental leave - Extent of entitlement not constituting 'detriment' - s 47C - Maternity and Parental Leave etc Regulations 1999, SI 1999/3312, regs 14, 19, para 7 of Sch 2.

The Case

On its true construction, para7 of Sch2 of the Maternity and Parental Leave etc Regulations 1999, SI1999-3312, did not permit parental leave to be taken for one day only. The minimum period of leave for the employee was the period that constituted a week's leave under reg14 of those Regulations. Furthermore, having regard to previous authority, a dispute as to the extent of the employee's entitlement to parental leave was not sufficient for there to be a detriment within the meaning of s47C(2) of the and reg19 of the 1999 Regulations.

Practice Areas

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