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Equal pay: Pregnancy exclusion did not amount to sex discrimination

This report relates to 1 case(s)

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    Clark v Secretary of State for Employment [1996] IRLR 578 CA (0 other reports)

An employee who was on maternity leave when her employment was terminated because of her employer's insolvency was not entitled to receive from the Secretary of State a sum equal to the pay in lieu of notice she would have received from her employer on dismissal, holds the Court of Appeal in Clark v Secretary of State for Employment [1996] IRLR 578. The Court takes the provisional view that payment of a debt by the Secretary of State in accordance with the statutory insolvency provisions should be regarded as "pay" within the meaning of Article 119 of the Treaty of Rome. But it holds that there was no breach of Article 119 in this case because women taking maternity leave are in a special position, governed by special provisions which Community law entitles member states to make, and men are never in a "comparable situation".