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Pregnancy and maternity discrimination

New and updated

  • Date:
    1 January 1999
    Type:
    Employment law cases

    Maternity rights: Less favourable treatment in pay prior to maternity leave prohibited

    In Handels- og Kontorfunktionaerernes Forbund i Danmark (acting on behalf of Pedersen) v Faellesforeningen for Danmarks Brugsforeninger (acting on behalf of Kvickly Skive), the European Court of Justice rules that certain provisions of Danish law which permit the less favourable treatment in terms of pay of pregnant workers who are incapable of work due to a pregnancy-related illness prior to the commencement of their maternity leave contravene Article 119 and the Equal Pay Directive.

  • Date:
    1 August 1998
    Type:
    Employment law cases

    Sex discrimination: Dismissal of pregnant woman for pregnancy-related illness is sex discrimination

    The EC Equal Treatment Directive precludes dismissal of a female worker at any time during her pregnancy for absences owing to pregnancy-related illness, rules the European Court of Justice in Brown v Rentokil Ltd.

  • Date:
    1 August 1998
    Type:
    Employment law cases

    Sex discrimination: Maternity leave counts towards qualifying period for performance assessment

    A woman who was deprived of the right to an annual performance assessment - and, consequently, of the possibility of qualifying for promotion - because she was on maternity leave was discriminated against on grounds of sex within the meaning of the EC Equal Treatment Directive, holds the European Court of Justice in Caisse Nationale d'Assurance Vieillesse des Travailleurs SalariƩs v Thibault.

  • Date:
    1 November 1995
    Type:
    Employment law cases

    Sex discrimination and pregnancy: Pregnancy dismissal was unlawful sex discrimination

    An employer directly discriminates against a pregnant woman contrary to the Sex Discrimination Act 1975 if, having recruited her for an indefinite period, it dismisses her because she will be temporarily unavailable for work at a time when she knows that she will be particularly needed, holds the House of Lords in Webb v EMO Air Cargo (UK) Ltd.

  • Date:
    1 September 1994
    Type:
    Employment law cases

    Sick man defence barred

    In Webb v EMO Air Cargo (UK) Ltd (14 July 1994) EOR57A, the European Court of Justice rules that it is contrary to the Equal Treatment Directive to dismiss a woman employed for an unlimited term who, shortly after her recruitment is found to be pregnant, notwithstanding that she was recruited initially to replace another employee during the latter's maternity leave.

  • Date:
    1 August 1994
    Type:
    Employment law cases

    Sex discrimination: Pregnant woman not comparable to sick man

    It is impermissible, under EC equality law, to compare a woman who will be unavailable for work due to pregnancy, to a man who would be similarly unavailable because of medical or other reasons, holds the European Court of Justice in Webb v EMO Air Cargo (UK) Ltd.

  • Date:
    1 June 1994
    Type:
    Employment law cases

    Withdrawal of offer unlawful

    An employer who withdrew an offer of employment as a butcher to a woman when he learned that she was pregnant unlawfully discriminated, an Inverness industrial tribunal (Chair: F C C Carmichael) in Booth v Highland Venison Marketing Ltd finds.

  • Date:
    1 January 1991
    Type:
    Employment law cases

    Pregnancy discrimination is sex discrimination

    In Dekker v Stichting Vormingscentrum voor Jonge Volwassenen (VJV-Centrum) Plus (8 November 1990), the European Court of Justice, in a historic decision, holds that refusal to employ a woman because she is pregnant or because of the costs associated with employing a pregnant woman is direct discrimination on grounds of sex contrary to the principle of equal treatment embodied in the EEC Equal Treatment Directive.

  • Date:
    21 December 1990
    Type:
    Employment law cases

    Sex discrimination: Refusal to hire pregnant woman breaches EEC law

    The European Court of Justice has ruled in Dekker v Stichting Vormingscentrum voor Jong Volwassenen (VJV-Centrum) Plus that it is a breach of the EEC "Equal Treatment" Directive for an employer to refuse to recruit a woman because she is pregnant, even if hiring her would have serious financial consequences for the employer.