Maternity Protection Act 1994

Right to suitable alternative work in certain circumstances on return to work.


27.(1) Where an employee is entitled to return to work in accordance with section 26 but it is not reasonably practicable for the employer or the successor to permit the employee to return to work in accordance with that section, the employee shall, subject to this Part, be entitled to be offered by the employer, the successor or an associated employer suitable alternative work under a new contract of employment.

(2) Work under a new contract of employment constitutes suitable alternative work for the purposes of this Act if—

(a) the work required to be done under the contract is of a kind which is suitable in relation to the employee concerned and appropriate for the employee to do in the circumstances; and

F58[(b) the terms or conditions of the contract

(i) relating to the place where the work under it is required to be done, the capacity in which the employee concerned is to be employed and any other terms or conditions of employment are not less favourable to the employee than those of her or his contract of employment immediately before the start of the period of absence from work while on protective leave, and

(ii) incorporate any improvement to the terms or conditions of employment to which the employee would have been entitled if she or he had not been so absent from work during that period.]

(3) For the purposes of this Act one employer shall be taken to be associated with another—

(a) if one is a body corporate of which the other (whether directly or indirectly) has control; or

(b) if both are bodies corporate of which a third person (whether directly or indirectly) has control.




Substituted (18.10.2004) by Maternity Protection (Amendment) Act 2004 (28/2004), s.19, S.I. No. 652 of 2004.