All items: Maternity leave

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  Advocate General's opinion in CD v ST Case C-167/12 (1 report relating to this case)

  In CD v ST [2014] IRLR 551 ECJ; Z v A Government Department [2014] IRLR 563 ECJ, the European Court of Justice disagreed with the Advocate General and concluded that EU law does not require that the commissioning mother in a surrogacy agreement be entitled to maternity leave.

  • Surrogacy: both mothers ought to get maternity leave

    Date:

    27 September 2013

    The Advocate General has given her opinion that EU law means that both mothers in a surrogacy arrangement should have the right to receive maternity leave.

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  Department for Work and Pensions v Sutcliffe EAT/0319/07 (1 report relating to this case)

  • Department for Work and Pensions v Sutcliffe

    Date:

    5 February 2008

    The Employment Appeal Tribunal has held that an employee who was sick during her ordinary maternity leave was not entitled to be paid contractual sick pay during that period.

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  Merino Gómez v Continental Industrias del Caucho SA [2004] IRLR 407 ECJ (3 reports relating to this case)

  • Pregnancy discrimination: Annual and maternity leave mutually exclusive

    Date:

    23 July 2004

    In Merino Gomez v Continental Industrias del Caucho SA, the European Court of Justice holds that pregnant workers have a dual entitlement to annual leave and maternity leave: pregnant workers must be able to take their annual leave during a period other than their period of maternity leave.

  • Case round-up: annual leave coinciding with maternity leave

    Date:

    13 April 2004

    This week's case round-up from Eversheds, covering: pregnant employees' rights to maternity leave and annual leave.

  • ECJ: Ruling on maternity leave and annual leave

    Date:

    1 April 2004

    On 18 March 2004, the European Court of Justice (ECJ) ruled in case C-342/01: María Paz Merino Gómez v Continental Industrias del Caucho SA that a worker must be able to take her annual leave during a period other than her maternity leave. This is the case even if the maternity leave coincides with the general period of annual leave fixed for the entire workforce by a collective agreement.

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  Murphy v Slough Borough Council and another [2004] All ER (D) 393 (May) EAT (2 reports relating to this case)

  • Disability discrimination: Denial of paid maternity leave after surrogate birth was discrimination

    Date:

    12 November 2004

    In Murphy v Slough Borough Council and Governing Body of Langley Wood School the EAT holds that, where a community school has responsibility for its own budget, a claimant in any employment law matter must bring his or her claim against the school governors, not against the local authority alone, even though the local authority may ultimately fund the school.

  • Case round-up

    Date:

    14 September 2004

    This week's case round-up from Eversheds, covering: disability discrimination against the adoptive mother of a surrogate baby and effective dates of termination.

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  NU-Swift International Ltd v Mallinson [1978] IRLR 537 EAT (1 report relating to this case)

  • NU-Swift International Ltd v Mallinson

    Date:

    1 December 1978

    In NU-Swift International Ltd v Mallinson [1978] IRLR 537 EAT, the EAT held that the majority of the Industrial Tribunal had misdirected itself in law in concluding that, because the respondent employee was anxious about her position following the birth of her baby, it was not reasonably practicable for her to comply with the requirements of the Employment Protection Act, section 35(2)(c) by informing the appellant employers in writing at least three weeks before her absence began that she intended to return to work after maternity leave.