Edwards v Derby City Council

EMPLOYMENT APPEAL TRIBUNAL 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS At the Tribunal On 15 July 1998 Before

MR JUSTICE KIRKWOOD : This is an appeal by an employee against the decision of an Industrial Tribunal sitting at Nottingham on 22 September 1997 on a point concerning maternity pay.

Mrs Edwards was employed by Derby City Council as a part-time teacher doing half-time hours from 4 November 1996. She worked at Asterdale Primary School and had in fact done so since December 1993. Mrs Edwards became pregnant and on 2 March 1997 she gave written notice to her employer that the expected date of birth was 17 August 1997 and she intended taking 18 weeks contractual maternity leave from that date.

The Teachers Conditions of Service made provisions for maternity leave. The agreed arrangement, which is not in itself challenged in any way in this appeal, was that maternity pay would be payable at the rate equal to full pay for the first four weeks of absence, 9/10 of full pay for the next two weeks of absence and at the rate of half pay for the remaining 12 weeks of absence.

In this instance the school re-opened for the Autumn term on 9 September, half-term was from 24 October to 3 November and term ended on 18 or 19 December. Accordingly, Mrs�Edwards would be paid at the rate of her full pay for the four weeks until 14 September, at 9/10 of full pay until 28 September and at the rate of half pay for the balance of her maternity leave.