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Sex discrimination: No special protection for sickness absence after maternity leave

This report relates to 1 case(s)

In Handels- og Kontorfunktionaerernes Forbund i Danmark (acting on behalf of Larsson) v Dansk Handel & Service (acting on behalf of Føtex Supermarket A/S) [1997] IRLR 643, the European Court of Justice rules that it is not necessarily unlawful sex discrimination contrary to the EC Equal Treatment Directive to dismiss a woman after her maternity leave has ended because of absences due to a pregnancy-related illness, even where that illness arose during pregnancy and continued during and after the period of maternity leave. But the ECJ adds that absence during the period of statutory maternity leave cannot be taken into account by the employer as grounds for a subsequent dismissal.

Ms Larsson was employed by Føtex Supermarked A/S.