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Pregnancy discrimination: MoD unlawfully discriminated against pregnant employee

This report relates to 1 case(s)

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    Williams v Ministry of Defence [2003] All ER (D) 142 (Oct) EAT (0 other reports)

In Ministry of Defence v Williams 8.10.03 EAT 0833/02/ZT the EAT holds that a female RAF officer who, because of her pregnancy, was unable to attend an "advanced pre-employment training" course - for which she had previously been selected and which would have led to her promotion to the rank of squadron leader - suffered unlawful sex discrimination when the MoD did not pre-select her for a later course, even though pre-selection would have caused no practical difficulties in the circumstances of this case. The tribunal did not make the error of suggesting that, in every case where an officer is unable to attend such a course due to pregnancy, she must be pre-selected for a subsequent course. This would amount to impermissible positive discrimination in favour of pregnant women. Rather, it properly reached its decision in accordance with the correct legal principles and on the basis of the facts of this particular case.