A recent European ruling found in favour of a fixed-term worker dismissed on the grounds of her pregnancy
In Jimenez Melgar v Ayuntamiento de Los Barrios (4 October 2001), the European Court of Justice rules that it is contrary to EU law to refuse to renew a fixed-term contract because of a woman's pregnancy.
In Lockwood v Crawley Warren Group Ltd the EAT has ruled that an employer applied a requirement or condition when it turned down a new mother's request to work at home.
In Healy v William B Morrison & Son Ltd, 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.
It is not permissible for an employer to refuse to employ a pregnant woman in a post of unlimited duration on the ground that a prohibition on employment relating to her pregnancy would prevent her from being so employed from the outset, and for the duration of her pregnancy, rules the ECJ in Mahlburg v Land Mecklenburg-Vorpommern.
A refusal to pay statutory maternity pay to a woman on maternity leave who did not satisfy all of the conditions of eligibility for such did not constitute sex discrimination contrary to Article 141 of the Treaty of Rome, holds the EAT in Banks v (1) Tesco Stores Ltd (2) Secretary of State for Social Security.
In Abdoulaye and others v Régie Nationale des Usines Renault SA, the ECJ rules that Article 141 of the Treaty of Rome does not preclude the making of a lump-sum payment exclusively to female workers who take maternity leave where that payment is designed to offset the occupational disadvantages which arise for those workers as a result of their being away from work.
A pregnant employee of a ferry company, who was suspended from working on board ship in accordance with Regulations precluding those with specified medical conditions, including pregnancy, from working at sea, suffered direct sex discrimination when she did not receive full pay during the period of her suspension, holds the EAT in P&O European Ferries (Dover) Ltd and another v Iverson.
In McGuigan v TG Baynes & Sons, the EAT holds that an employee suffered unlawful direct sex discrimination when her employer failed to consult her over her impending redundancy on the ground, among others, that she was absent on maternity leave - a pregnancy-related reason.
HR and legal information and guidance relating to pregnancy or maternity discrimination under the Sex Discrimination Act 1975.