David Malamatenios is a partner and Sandra Martins, Krishna Santra and Colin Makin are senior associates at
Colman Coyle Solicitors. They round up the latest rulings.
Joe Beeston, Kate Edminson, Rosie Kight and David Rintoul are associate solicitors and Iain Naylor is a trainee solicitor at Addleshaw Goddard LLP. They round up the latest rulings. They round up the latest rulings.
The European Court of Justice ruled in April 2010 that workers who take parental leave cannot, after the leave, be deprived of their annual leave entitlement accumulated during the year preceding the birth of their child. The judgment also deals with the rights of part-time and fixed-term workers.
In Rodway v South Central Trains Ltd, the Court of Appeal holds that the EAT was correct to hold that parental leave may only be taken in blocks of one week's leave, except where there are contractual provisions or a workforce or collective agreement to the contrary, or where the child in respect of whom leave is taken is entitled to disability living allowance.
In South Central Trains Ltd v Rodway the EAT holds that a disagreement over entitlement to parental leave does not amount to a "reason related to parental leave" for the purpose of a complaint of being subjected to a detriment under s.47C of Employment Rights Act 1996 (leave for family and domestic reasons).
About this category
Employment law cases: HR and legal information and guidance relating to ordinary parental leave.