All items: Pregnancy and maternity leave

• expand

  Achonwa v Independence Homes Ltd ET/2303236/09 (1 report relating to this case)

  • Employer's handling of performance issues was discriminatory

    Date:

    21 June 2010

    Clear evidence of direct discrimination is uncommon, but an employer's unfair actions can often lead to an inference of discrimination, as this case demonstrates.

• expand

  Badger v Telford & Wrekin Council ET/1307836/09 (1 report relating to this case)

  • Failure to offer employee alternative employment made dismissal unfair

    Date:

    24 June 2010

    This case is a reminder for employers that, even if they go through an otherwise fair redundancy process, they must ensure that employees on maternity leave are offered any suitable alternative employment that exists.

• expand

  Bentwood Bros (Manchester) Ltd v Shepherd [2003] IRLR 364 CA (1 report relating to this case)

  • Compensation: Application of discount for accelerated payment of future loss

    Date:

    5 September 2003

    In Bentwood Brothers (Manchester) Ltd v Shepherd the Court of Appeal holds that as a matter of principle, an employment tribunal should take account of the fact that a complainant who is awarded compensation for future loss of earnings has the benefit of accelerated payment in receiving a sum which he or she would otherwise receive in instalments over the period of loss.

• expand

  Brook and others v London Borough of Haringey [1992] IRLR 478 EAT (1 report relating to this case)

  • Length of service lawful

    Date:

    1 November 1992

    In Brook and others v London Borough of Haringey (21 July 1992) EOR46A the EAT holds that it will be "a fairly simple burden" for employers to justify use of length of service as a redundancy selection criterion, notwithstanding its discriminatory impact upon women.

• expand

  Brown v Stockton-on-Tees Borough Council [1987] IRLR 230 CA (1 report relating to this case)

  • Redundancy selection on grounds of pregnancy not automatically unfair

    Date:

    1 July 1987

    In Brown v Stockton-on-Tees Borough Council (20.3.87) EOR14C, the Court of Appeal rules that selection for redundancy on grounds of pregnancy is not dismissal for a reason connected with pregnancy and therefore not automatically unfair.

• expand

  Brown v Stockton-on-Tees Borough Council [1988] IRLR 263 HL (1 report relating to this case)

  • Pregnancy is unfair redundancy selection criterion

    Date:

    1 July 1988

    In Brown v Stockton-on-Tees Borough Council (21.4.88) EOR20F, the House of Lords holds that selection of a woman for redundancy because she is pregnant and will require maternity leave is dismissal for a reason connected with pregnancy and automatically unfair.

• expand

  Caledonia Bureau Investment & Property v Caffrey [1998] IRLR 110 EAT (2 reports relating to this case)

  • Maternity rights: Pregnancy dismissal protection applies after expiry of maternity leave

    Date:

    15 April 1998

    In Caledonia Bureau Investment & Property v Caffrey, the EAT holds that the automatically unfair dismissal provision which protects a woman against dismissal for a reason "connected with her pregnancy" is not limited to dismissals occurring during the period of pregnancy and maternity leave.

  • Post-leave dismissal on pregnancy grounds

    Date:

    1 March 1998

    In Caledonia Bureau Investment & Property v Caffrey (13 January 1998) EOR78D, the EAT has ruled that dismissal of a woman because of a pregnancy-related illness is automatically unfair even where the dismissal takes place after the period of maternity leave has ended. Such a dismissal is also inherently sex discriminatory, according to the EAT.

• expand

  Clarke v Energy Controls Metering Limited ET/1307392/09 (1 report relating to this case)

  • Sex discrimination claim survives illegality of contract

    Date:

    1 February 2010

    The employment tribunal found that the claimant's contract of employment with her employer was illegal, on the basis that both parties had agreed that any additional hours she worked would be paid in cash so as to avoid tax.

• expand

  Community Task Force v Rimmer [1986] IRLR 203 EAT (1 report relating to this case)

  • Suitable available vacancy must be offered to redundant woman on maternity leave

    Date:

    1 May 1986

    Community Task Force v Rimmer (EAT, 25.2.86) EOR7C holds that under the statutory maternity leave provisions, a woman on maternity leave whose job becomes redundant is to be treated as automatically unfairly dismissed if she is not offered a suitable available vacancy, even where it could be said to be unreasonable or uneconomic for the employer to offer the available vacancy.

• expand

  Crees v Royal London Insurance [1997] IRLR 85 EAT (2 reports relating to this case)

  • Maternity rights: Failure to return from maternity leave terminated contract

    Date:

    1 March 1997

    The contract of employment of a woman who was unfit to return to work after maternity leave, already extended by four weeks because of her illness, terminated by operation of contract and of statute when she did not return on the notified date, holds the EAT in Crees v Royal London Insurance.

  • Physical return to work required

    Date:

    1 January 1997

    In order to be regarded as having returned to work after maternity absence, a woman must physically return, holds the EAT in Crees v Royal London Insurance (26 September 1996) EOR71D.