The Employment Appeal Tribunal has held that "special treatment" afforded to a woman in connection with pregnancy or childbirth under the Sex Discrimination Act 1975 must constitute a proportionate means of achieving the legitimate aim of compensating her for the disadvantages occasioned by pregnancy or maternity leave.
In Rosenbladt v Oellerking Gebäudereinigungsges mbH [2011] IRLR 51 ECJ, the ECJ held that art.6(1) of the Equal Treatment Framework Directive does not necessarily preclude domestic legislation that permits the use of automatic termination clauses based on the retirement age, or the use of such clauses in collective agreements. The crucial issue is whether or not such measures are objectively justified.