This week's case round-up from Eversheds, covering: pregnant employees' rights to maternity leave and annual leave.
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.
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.
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.
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.
Hilary Slater, consultant with Cobbetts solicitors, provides a round-up of employment tribunal decisions on discrimination.
This week's case round-up by Eversheds, covering: injury to feelings claims; and notifying women on maternity leave of internal vacancies.
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.
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.
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.
HR and legal information and guidance relating to pregnancy and maternity discrimination.