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Pregnancy and maternity: Qualifying conditions for SMP do not breach Community law

This report relates to 1 case(s)

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    Banks v Tesco Stores Ltd and another [1999] ICR 1141 EAT (0 other reports)

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 15.9.99 EAT 911/97. What the ECJ was saying in Gillespie and others v Northern Health and Social Services Board and others [1996] IRLR 214 was that, where a woman otherwise qualified for maternity pay, the level at which it was set must be sufficient to satisfy the overriding requirement that maternity leave should not be undermined.