Pregnancy discrimination: No requirement on employee to inform employer of pregnancy
This report relates to 1 case(s)
Busch v Klinikum Neustadt GmbH & Co Betriebs-KG  IRLR 625 ECJ (2 other reports)
- In Wiebke Busch v Klinikum Neustadt GmbH & Co Betriebs-KG Case C-320/01, 27.2.03, European Court of Justice, the European Court of Justice holds that article 2(1) of the Equal Treatment Directive precludes a requirement that an employee wishing to return to work before the end of her agreed period of parental leave must inform her employer that she is pregnant again, even in circumstances where she will be unable to carry out all of her duties due to legislative prohibitions.
- Where an employer gives consent to an employee to return to work before the end of her parental leave period, Article 2(1) of the Equal Treatment Directive also precludes that employer from later contesting that consent under national law, on the grounds that it was in error as to her being pregnant.