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Sex discrimination: Dismissal for absence caused by pregnancy was automatically sex discrimination

This report relates to 1 case(s)

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    Healy v William B Morrison & Son Ltd EAT/172/99 (0 other reports)

In Healy v William B Morrison & Son Ltd 30.6.99 (S)EAT 172/99, the EAT holds that an employment tribunal, having found that the dismissal of a woman was by reason of her continued absence from work owing to post-natal depression, should have concluded that she was unlawfully discriminated against on the ground of her sex. A case of unlawful sex discrimination is proved, without the need for any comparison with a man off sick, if, in arriving at a decision to dismiss, an employer takes into account a woman's absence by reason of her pregnancy during the period of maternity leave.