This is a preview. To continue reading please log in or Register to read this article

Maternity exclusion from sick-pay scheme lawful

This report relates to 2 case(s)

  • expand

    Gillespie and others v Northern Health and Social Services Board and others (No.2) [1997] IRLR 410 NICA (3 other reports)

    • Equal pay: Amount of maternity pay was adequate

      Date:
      15 July 1997

      In Gillespie and others v Northern Health and Social Services Board and others (No.2) and Todd v Eastern Health and Social Services Board and another, the Northern Ireland Court of Appeal rules that contractual maternity pay is adequate in terms of European Community equal pay law, and does not "jeopardise the purpose of maternity leave", if it is at least equivalent to statutory sickness benefit.

    • Sick pay comparison rejected

      Date:
      1 July 1997

      In Todd v Eastern Health and Social Services Board and Gillespie v Northern Health and Social Services Board (No.2) (28 April 1997) EOR74B, the Northern Ireland Court of Appeal holds that contractual maternity pay cannot be compared with sickness and disability pay.

    • Maternity pay referral to ECJ

      Date:
      1 December 1993

      The European Court of Justice (ECJ) has been asked by the Northern Ireland Court of Appeal in Gillespie and others v various health boards and the Department of Health and Social Security to decide whether EEC law requires that a woman on maternity leave be given the same pay that she would have received if she had been working normally.

  • expand

    Todd v Eastern Health and Social Services Board and Department of Health and Social Services [1997] IRLR 410 NICA (2 other reports)

    • Equal pay: Amount of maternity pay was adequate

      Date:
      15 July 1997

      In Gillespie and others v Northern Health and Social Services Board and others (No.2) and Todd v Eastern Health and Social Services Board and another, the Northern Ireland Court of Appeal rules that contractual maternity pay is adequate in terms of European Community equal pay law, and does not "jeopardise the purpose of maternity leave", if it is at least equivalent to statutory sickness benefit.

    • Sick pay comparison rejected

      Date:
      1 July 1997

      In Todd v Eastern Health and Social Services Board and Gillespie v Northern Health and Social Services Board (No.2) (28 April 1997) EOR74B, the Northern Ireland Court of Appeal holds that contractual maternity pay cannot be compared with sickness and disability pay.

In Gillespie v Northern Health and Social Services Board (No.2); Todd v Eastern Health and Social Services Board the Northern Ireland Court of Appeal has held that a woman cannot bring an equal pay claim comparing her entitlement to maternity pay to a term in a man's contract relating to sick pay.

Helen Todd claimed that she had been discriminated against because her contractual maternity pay was less than the level of sick pay.