Topics

Pregnancy and maternity discrimination

New and updated

  • Date:
    20 February 2004
    Type:
    Law reports

    Constructive dismissal: Failure to notify pregnant employee of job opportunity was repudiatory breach

    In Visa International Service Association v Paul the EAT holds that an employment tribunal was correct to find that an employee was constructively dismissed when her employer failed to notify her, while she was on maternity leave, of a newly created post arising out of a reorganisation in her department in which the employee was interested, and considered herself well qualified for.

  • Date:
    23 January 2004
    Type:
    Law reports

    Pregnancy discrimination: MoD unlawfully discriminated against pregnant employee

    In Ministry of Defence v Williams the EAT holds that a female RAF officer who, because of her pregnancy, was unable to attend an "advanced pre-employment training" course - for which she had previously been selected and which would have led to her promotion to the rank of squadron leader - suffered unlawful sex discrimination when the MoD did not pre-select her for a later course, even though pre-selection would have caused no practical difficulties in the circumstances of this case.

  • Date:
    1 December 2003
    Type:
    Law reports

    ECJ case law round-up

    In our latest round-up of cases from the European Court of Justice (ECJ), we look at cases on the application of the principle of equal treatment in a variety of contexts - pregnancy-related sex discrimination, the exclusion of women from compulsory national service in Germany, the requirements laid down by the EC on the training of general medical practitioners and the alleged discriminatory effects of a scheme for part-time working aimed at older public sector workers.

  • Date:
    1 August 2003
    Type:
    Law reports

    Case digest

    Hilary Slater, consultant with Cobbetts solicitors, provides a round-up of employment tribunal decisions on discrimination.

  • Date:
    10 June 2003
    Type:
    Law reports

    Case round-up: Injury to feelings claims and notifying women on maternity leave of internal vacancies

    This week's case round-up by Eversheds, covering: injury to feelings claims; and notifying women on maternity leave of internal vacancies.

  • Date:
    6 June 2003
    Type:
    Law reports

    Pregnancy discrimination: No requirement on employee to inform employer of pregnancy

    In Wiebke Busch v Klinikum Neustadt GmbH & Co Betriebs-KG, the European Court of Justice holds that article 2(1) of the Equal Treatment Directive precludes a requirement that an employee wishing to return to work before the end of her agreed period of parental leave must inform her employer that she is pregnant again, even in circumstances where she will be unable to carry out all of her duties due to legislative prohibitions.

  • Date:
    3 June 2003
    Type:
    Law reports

    Employers warned not to 'count out' women on maternity leave

    The Employment Appeal Tribunal (EAT) has issued a sobering reminder to employers not to 'count out' employees who are on maternity leave by failing to notify them of internal vacancies.

  • Date:
    1 April 2003
    Type:
    Law reports

    Case round up

    Our resident experts at Pinsent Curtis Biddle bring you a comprehensive update on all the latest decisions that could affect your organisation, and advice on what to do about them.

  • Date:
    21 February 2003
    Type:
    Law reports

    Sex discrimination: Failure to carry out risk assessment for pregnant woman is discrimination

    In Hardman v Mallon, t/a Orchard Lodge Nursing Home, the EAT holds that a failure to carry out a risk assessment in respect of a pregnant employee as required by the Management of Health and Safety at Work Regulations 1999 amounts to unlawful sex discrimination. This is because carrying out a risk assessment is one of the ways in which a woman's biological condition during and after pregnancy is given special protection.

  • Date:
    1 January 2003
    Type:
    Law reports

    Case digest

    Hilary Slater, consultant with Cobbetts solicitors, provides a round-up of employment tribunal decisions on discrimination.