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SMP Regulations breach EU law

This report relates to 1 case(s)

In Alabaster v Woolwich plc and Secretary of State for Social Security, the EAT has ruled that an amendment made to the Statutory Maternity Pay Regulations failed to implement fully the European Court's decision in the Gillespie case because it does not allow women on maternity leave the benefit of pay increases that are not backdated.

In Gillespie v Northern Health and Social Services Board, the European Court of Justice ruled that EU law required that the amount of maternity pay must include pay rises awarded during maternity leave, as from the date on which they take effect.