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Maternity pay referral to ECJ

This report relates to 1 case(s)

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    Gillespie and others v Northern Health and Social Services Board and others (No.2) [1997] IRLR 410 NICA (3 other reports)

    • Equal pay: Amount of maternity pay was adequate

      Date:
      15 July 1997

      In Gillespie and others v Northern Health and Social Services Board and others (No.2) and Todd v Eastern Health and Social Services Board and another, the Northern Ireland Court of Appeal rules that contractual maternity pay is adequate in terms of European Community equal pay law, and does not "jeopardise the purpose of maternity leave", if it is at least equivalent to statutory sickness benefit.

    • Sick pay comparison rejected

      Date:
      1 July 1997

      In Todd v Eastern Health and Social Services Board and Gillespie v Northern Health and Social Services Board (No.2) (28 April 1997) EOR74B, the Northern Ireland Court of Appeal holds that contractual maternity pay cannot be compared with sickness and disability pay.

    • Maternity exclusion from sick-pay scheme lawful

      Date:
      1 June 1997

      In Gillespie v Northern Health and Social Services Board (No.2); Todd v Eastern Health and Social Services Board the Northern Ireland Court of Appeal has held that a woman cannot bring an equal pay claim comparing her entitlement to maternity pay to a term in a man's contract relating to sick pay.

The European Court of Justice (ECJ) has been asked by the Northern Ireland Court of Appeal in Gillespie and others v various health boards and the Department of Health and Social Security to decide whether EEC law requires that a woman on maternity leave be given the same pay that she would have received if she had been working normally.

When Joan Gillespie, a nurse with the Northern Health and Social Services Board, went on maternity leave, she received contractual maternity pay.