The tribunal's reference to the European Court of Justice (ECJ) in this case could result in women who have a child through a surrogate mother being entitled to the same employment protection under EU law as conventional mothers.
An unfortunate situation arose for this small employer when a recruitment consultant was made redundant after she had informed it, just two weeks into her new job, that she was pregnant. She claimed sex discrimination and unfair dismissal after seeing an advert shortly after her redundancy stating that the company was seeking recruitment consultants.
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.