Pregnancy or maternity

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  • Pregnancy dismissal discriminatory

    Date:
    1 January 1996
    Type:
    Law reports

    In Webb v EMO Air Cargo (UK) Ltd (No.2) (19 October 1995), the House of Lords rules that a dismissal on grounds of pregnancy was contrary to the Sex Discrimination Act 1975, even though a man in similar circumstances would also have been dismissed. The House of Lords finds that the Sex Discrimination Act can be interpreted so as to accord with the ruling of the European Court of Justice that it was contrary to the Equal Treatment Directive to dismiss a woman on grounds of pregnancy, where she had been recruited for an unlimited term, even though she was initially going to replace another employee going on maternity leave and thus would not be available for that work.

  • Sex discrimination and pregnancy: Pregnancy dismissal was unlawful sex discrimination

    Date:
    1 November 1995
    Type:
    Law reports

    An employer directly discriminates against a pregnant woman contrary to the Sex Discrimination Act 1975 if, having recruited her for an indefinite period, it dismisses her because she will be temporarily unavailable for work at a time when she knows that she will be particularly needed, holds the House of Lords in Webb v EMO Air Cargo (UK) Ltd.

  • Sex discrimination: No exemplary damages for breach of Directive

    Date:
    1 September 1995
    Type:
    Law reports

    In Ministry of Defence v Meredith, the EAT holds that exemplary damages are not available to an ex-servicewoman who was dismissed contrary to the Equal Treatment Directive because she was pregnant.

  • Sex discrimination: Dismissal for pregnancy-related illness not discriminatory

    Date:
    1 March 1995
    Type:
    Law reports

    Dismissing a woman while she was pregnant, in accordance with the employer's sickness absence rules, was not an act of sex discrimination under either UK or EC law, holds the Court of Session in Brown v Rentokil Ltd, even though the employee's illness was directly due to her pregnancy.

  • Sex discrimination: Contract worker protected by SDA

    Date:
    1 December 1994
    Type:
    Law reports

    A contract worker supplied to a client company by an employment agency was entitled to pursue a sex discrimination complaint against the client company, even though she had no direct contractual relationship with that company and was not actually working at the time relevant to the complaint, holds the EAT in BP Chemicals Ltd v Gillick.

  • Sex discrimination: Guidance on compensation for discrimination

    Date:
    1 October 1994
    Type:
    Law reports

    The EAT's judgment in Ministry of Defence v Cannock and others contains several points of general importance on the calculation of compensation for discrimination, notably the approach to be taken to the assessment of future loss of earnings.

  • Sex discrimination: Pregnant woman not comparable to sick man

    Date:
    1 August 1994
    Type:
    Law reports

    It is impermissible, under EC equality law, to compare a woman who will be unavailable for work due to pregnancy, to a man who would be similarly unavailable because of medical or other reasons, holds the European Court of Justice in Webb v EMO Air Cargo (UK) Ltd.

  • Pregnancy and sex discrimination: Job "reorganised" during maternity leave

    Date:
    1 August 1994
    Type:
    Law reports

    According to the Court of Appeal in Northern Ireland, the industrial tribunal in Dunlop v A S Baird Ltd was entitled to conclude that there was no breach of the sex discrimination legislation when an employer made a woman redundant after her return from maternity leave because her job duties had been reallocated in her absence.

  • Maternity rights: Employee with no right to return unfairly dismissed

    Date:
    1 June 1994
    Type:
    Law reports

    The contract of an employee who is on maternity leave may continue during her absence, even if she has failed to comply with the statutory notice requirements and so has no right to return to work, confirms the EAT in Hilton International Hotels (UK) Ltd v Kaissi.

  • Sex discrimination: Night work ban does not justify pregnancy dismissal

    Date:
    1 June 1994
    Type:
    Law reports

    The EC "Equal Treatment" Directive prevents an indefinite contract of employment for night work entered into by an employer and a pregnant woman, both of whom were unaware of the pregnancy at that time, from being void on account of a statutory prohibition on night work by pregnant or breastfeeding women, holds the European Court of Justice in Habermann-Beltermann v Arbeiterwohlfahrt, Bezirksverband Ndb/Opf eV.

About this topic

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