EAT confirms that post-maternity-leave dismissal is not discrimination

The claimant in Lyons v DWP Jobcentre Plus took maternity leave, telling her employer that her maternity leave would finish at the end of the six months’ ordinary maternity leave period and that she would then take six weeks’ annual leave, following which she would return to work. In the event, she was diagnosed with post-natal depression and did not return to work before her dismissal some months later. She did not seek to extend her maternity leave period, so she was treated as having returned to work at the end of ordinary maternity leave. She argued that her dismissal was either direct pregnancy discrimination or direct sex discrimination…

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