Maternity leave and maternity pay
We look at four employment tribunal cases in which the claimants successfully argued that they were discriminated against during difficult pregnancies and pregnancy loss.
In South West Yorkshire Partnership NHS Foundation Trust v Jackson and others, the Employment Appeal Tribunal (EAT) held that, as long as the miscommunication came from an administrative error, an employee whose redundancy redeployment form was sent to an inaccessible work email address was not unfavourably treated because she was on maternity leave.
The Employment Appeal Tribunal (EAT) has held that it is not discriminatory for an employer that offers childcare vouchers in return for a deduction from pay to cease to offer the vouchers during maternity leave.
The European Court of Justice found that an Italian law that excluded a female worker from a vocational training course, which was necessary for a chance at a promotion, because she was on compulsory maternity leave constituted unfavourable treatment contrary to EU law.
The European Court of Justice has held that EU law does not require that the commissioning mother in a surrogacy agreement be entitled to maternity leave.
The Advocate General has given her opinion that EU law means that both mothers in a surrogacy arrangement should have the right to receive maternity leave.
This unusual case against the Metropolitan Police involves direct discrimination against a dog handler who was required to return a police dog during maternity leave, which damaged her career progression and denied her opportunities for overtime.
This is a rare example, along with Crisp v Iceland Foods Ltd ET/1604478/11 & ET/1600000/12, of an employment tribunal making wide-ranging recommendations to an employer, in this case suggesting that it provide training for its managers and HR team on maternity rights.
The tribunal's reference to the European Court of Justice (ECJ) in this case could result in women who have a child through a surrogate mother being entitled to the same employment protection under EU law as conventional mothers.
The Tax and Chancery Chamber of the Upper Tribunal has held that expectant mothers can choose to start their statutory maternity pay (SMP) at a later date than the date when they cease work.
Employment law cases: HR and legal information and guidance relating to maternity leave and maternity pay.