Employment law cases

All items: Pregnancy and maternity discrimination

  • Sex discrimination: No obligation to communicate risk assessment findings in writing

    Date:
    11 June 2008

    In Stevenson v JM Skinner & Co EAT/0584/07, the EAT held that an employer complied with its statutory duty to carry out a risk assessment in relation to a pregnant employee when it addressed her concerns at meetings with her and, taking account of all the circumstances, evaluated and agreed the relevant risks.

  • Pregnancy dismissal: Fertilised but non-implanted ova did not constitute pregnancy

    Date:
    28 May 2008

    In Mayr v Bäckerei und Konditorei Gerhard Flockner OHG [2008] IRLR 387, the ECJ held that the protection afforded by the Pregnant Workers Directive against dismissal on grounds of pregnancy does not extend to a woman undergoing IVF treatment who was dismissed when in-vitro-fertilised ova existed but had not yet been transferred to her uterus. However, if she was dismissed essentially because she had undergone this advanced stage of IVF treatment, her dismissal would amount to direct sex discrimination contrary to the Equal Treatment Directive.

  • Maternity leave: Right to return to work

    Date:
    18 July 2007

    In Blundell v The Governing Body of St Andrew's Catholic Primary School and another EAT/0329/06 the Employment Appeal Tribunal held that a teacher returning to work following maternity leave was not entitled to return to the same class that she had been teaching when her maternity leave began.

  • EC Directive not properly implemented

    Date:
    1 April 2007

    The High Court has found that the Sex Discrimination Act 1975, as amended, does not give full effect to the revised EC Equal Treatment Directive, in Equal Opportunities Commission v Secretary of State for Trade and Industry (12 March 2007).

  • Health and safety/maternity rights: 'Avoiding risk' to new and expectant mothers

    Date:
    7 July 2006

    In New Southern Railway Ltd v Quinn [2006] IRLR 606 EAT, the Employment Appeal Tribunal holds that an employer's duty to take steps to "avoid" risk to a pregnant woman means that the risk should be reduced to its lowest acceptable level - not that it must be removed completely.

  • Case round-up: Constructive dismissal compensation and injury to feelings award

    This week's case round-up from Eversheds, covering: constructive dismissal compensation; and injury to feelings awards.

  • Equal pay: Sick pay scheme not discriminatory

    Date:
    14 October 2005

    In North Western Health Board v McKenna, the ECJ holds that a sick leave scheme that treats female workers who suffer from a pregnancy-related illness in the same way as workers suffering from other types of illness falls within the scope of the Equal Pay Directive 75/117/EC rather than the Equal Treatment Directive 76/207/EC.

  • Sex discrimination: Minimum 75% full-time hours policy is indirectly discriminatory

    Date:
    14 October 2005

    In British Airways plc v Starmer, the EAT holds that the tribunal was entitled to find that a decision by the employer not to allow the employee to work part-time at 50% of her full-time hours, but only at 75%, was a "provision, criterion or practice" for the purposes of s.1(2)(b) of the Sex Discrimination Act 1975.

  • Pregnancy discrimination: Annual and maternity leave mutually exclusive

    Date:
    23 July 2004

    In Merino Gomez v Continental Industrias del Caucho SA, the European Court of Justice holds that pregnant workers have a dual entitlement to annual leave and maternity leave: pregnant workers must be able to take their annual leave during a period other than their period of maternity leave.

  • Constructive dismissal: Failure to notify pregnant employee of job opportunity was repudiatory breach

    Date:
    20 February 2004

    In Visa International Service Association v Paul the EAT holds that an employment tribunal was correct to find that an employee was constructively dismissed when her employer failed to notify her, while she was on maternity leave, of a newly created post arising out of a reorganisation in her department in which the employee was interested, and considered herself well qualified for.

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Employment law cases: HR and legal information and guidance relating to pregnancy and maternity discrimination.