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Sarkatzis Herrero v Instituto Madrileño de la Salud

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    Sarkatzis Herrero v Instituto Madrileño de la Salud [2006] IRLR 296 ECJ (0 other reports)

Equal Treatment Directive | equal treatment between men and women

In Sarkatzis Herrero v Instituto Madrileño de la Salud [2006] IRLR 296 ECJ, the European Court of Justice (ECJ) has held that a woman on maternity leave who obtained a permanent position with the public body for which she was already working on a temporary contract was entitled to have her seniority calculated from the date of her appointment, not the date on which she actually took up the post on her return from maternity leave.

The ECJ considered that the deferment of the start of the applicant's career as an official following her maternity leave constituted unfavourable treatment for the purposes of the Equal Treatment Directive.