In Sarkatzis Herrero v Instituto Madrileño de la Salud  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.
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.
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.
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.
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.
This week's case roundup from Eversheds, covering redundancy rights and risk assessment.
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.
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.
A known state of pregnancy does not protect employers from discrimination liability - even if witheld at interview
This week's case roundup, covering disability discrimination and a pregnancy related dismissal.
HR and legal information and guidance relating to pregnancy or maternity discrimination under the Sex Discrimination Act 1975.