Restrictions on pregnancy pay unlawful

This report relates to 1 case(s)

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  Handels-Og Kontorfunktionærernes Forbund I Danmark, acting on behalf of Høj Pedersen v Fællesforeningen For Danmarks Brugsforeninger, acting on behalf of Kvickly Skive [1999] IRLR 55 ECJ (2 other reports)

  • Maternity rights: Less favourable treatment in pay prior to maternity leave prohibited

    Date:

    1 January 1999

    In Handels- og Kontorfunktionaerernes Forbund i Danmark (acting on behalf of Pedersen) v Faellesforeningen for Danmarks Brugsforeninger (acting on behalf of Kvickly Skive), the European Court of Justice rules that certain provisions of Danish law which permit the less favourable treatment in terms of pay of pregnant workers who are incapable of work due to a pregnancy-related illness prior to the commencement of their maternity leave contravene Article 119 and the Equal Pay Directive.

  • Sick pregnant worker entitled to full pay

    Date:

    1 January 1999

    In HK (acting on behalf of Høj Pedersen) v Faellesforeningen for Danmarks Brugsforeninger (acting on behalf of Kvickly Skive) (19 November 1998) EOR83B, the European Court of Justice has ruled that it is a breach of EC law for a woman not to be entitled to full pay when she is unfit for work for a reason connected with her pregnancy before the beginning of her maternity leave, when an employee who is off work on grounds of illness would receive full pay.