Pregnancy or maternity

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  • Sarkatzis Herrero v Instituto Madrileño de la Salud

    Date:
    19 April 2006
    Type:
    Law reports

    In Sarkatzis Herrero v Instituto Madrileño de la Salud [2006] IRLR 296 ECJ, the European Court of Justice 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.

  • Redundancy: Consultation period not automatically extended to end of maternity leave

    Date:
    3 February 2006
    Type:
    Law reports

    In Calor Gas Ltd v Bray, the EAT holds that the employment tribunal was incorrect to hold that, in the case of a woman who was on maternity leave at the time she was made redundant, redundancy consultation was automatically extended to the end of her maternity leave.

  • Equal pay: Sick pay scheme not discriminatory

    Date:
    14 October 2005
    Type:
    Law reports

    In North Western Health Board v McKenna, the ECJ holds that a sick leave scheme that treats female workers who suffer from a pregnancy-related illness in the same way as workers suffering from other types of illness falls within the scope of the Equal Pay Directive 75/117/EC rather than the Equal Treatment Directive 76/207/EC.

  • Sex discrimination: Failure to carry out risk assessment for pregnant woman is discrimination

    Date:
    21 February 2003
    Type:
    Law reports

    In Hardman v Mallon, t/a Orchard Lodge Nursing Home, the EAT holds that a failure to carry out a risk assessment in respect of a pregnant employee as required by the Management of Health and Safety at Work Regulations 1999 amounts to unlawful sex discrimination. This is because carrying out a risk assessment is one of the ways in which a woman's biological condition during and after pregnancy is given special protection.

  • Dramatic pregnant virgin ruling labours SDA point

    Date:
    16 July 2002
    Type:
    Law reports

    The D'Oyly Carte case, where it was decided that an expectant actress could not play a virgin, highlights fine line between common sense and discrimination.

  • Case roundup: redundancy rights and risk assessment

    Date:
    2 July 2002
    Type:
    Law reports

    This week's case roundup from Eversheds, covering redundancy rights and risk assessment.

  • Sex discrimination: Dismissal of pregnant women on fixed-term contracts constituted sex discrimination

    Date:
    14 January 2002
    Type:
    Law reports

    In Jiménez Melgar v Ayuntamiento de Los Barrios and Tele Danmark A/S v Handels-og Kontorfunktionærernes Forbund i Danmark (HK) (acting for Brandt-Nielsen), the European Court of Justice holds that the prohibitions against the dismissal of pregnant workers, women who have recently given birth and breastfeeding mothers on the ground of their condition, as laid down in the Pregnant Workers' and Equal Treatment Directives, also applied in the case of such women who were employed under fixed-term contracts.

  • Sex discrimination: Temporary workers win protection

    Date:
    17 December 2001
    Type:
    Law reports

    Temporary workers who are pregnant when they apply for a job or who become pregnant while doing it have won the right to the same protection as permanent employees under the Pregnant Workers' and Equal Treatment Directives.

  • Pregnancy offers no bar to fixed term contracts

    Date:
    27 November 2001
    Type:
    Law reports

    A known state of pregnancy does not protect employers from discrimination liability - even if witheld at interview

  • Case roundup: Disability discrimination and pregnancy related dismissal

    Date:
    13 November 2001
    Type:
    Law reports

    This week's case roundup, covering disability discrimination and a pregnancy related dismissal.

About this topic

HR and legal information and guidance relating to pregnancy or maternity discrimination under the Sex Discrimination Act 1975.