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Pregnancy discrimination: No requirement on employee to inform employer of pregnancy

This report relates to 1 case(s)

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    Busch v Klinikum Neustadt GmbH & Co Betriebs-KG [2003] IRLR 625 ECJ (2 other reports)

    • ECJ case law round-up

      Date:
      1 December 2003

      In our latest round-up of cases from the European Court of Justice (ECJ), we look at cases on the application of the principle of equal treatment in a variety of contexts - pregnancy-related sex discrimination, the exclusion of women from compulsory national service in Germany, the requirements laid down by the EC on the training of general medical practitioners and the alleged discriminatory effects of a scheme for part-time working aimed at older public sector workers.

    • Case round up

      Date:
      1 April 2003

      Our resident experts at Pinsent Curtis Biddle bring you a comprehensive update on all the latest decisions that could affect your organisation, and advice on what to do about them.

Key points

  • In Wiebke Busch v Klinikum Neustadt GmbH & Co Betriebs-KG Case C-320/01, 27.2.03, European Court of Justice, the European Court of Justice holds that article 2(1) of the Equal Treatment Directive precludes a requirement that an employee wishing to return to work before the end of her agreed period of parental leave must inform her employer that she is pregnant again, even in circumstances where she will be unable to carry out all of her duties due to legislative prohibitions.
  • Where an employer gives consent to an employee to return to work before the end of her parental leave period, Article 2(1) of the Equal Treatment Directive also precludes that employer from later contesting that consent under national law, on the grounds that it was in error as to her being pregnant.