Employment law cases

All items: Pregnancy and maternity discrimination

  • Sick man defence barred

    Date:
    1 September 1994

    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.

  • Sex discrimination: Pregnant woman not comparable to sick man

    Date:
    1 August 1994

    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.

  • Withdrawal of offer unlawful

    Date:
    1 June 1994

    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.

  • Pregnancy discrimination is sex discrimination

    Date:
    1 January 1991

    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.

  • Sex discrimination: Refusal to hire pregnant woman breaches EEC law

    Date:
    21 December 1990

    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.

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