The Employment Appeal Tribunal has held that "special treatment" afforded to a woman in connection with pregnancy or childbirth under the Sex Discrimination Act 1975 must constitute a proportionate means of achieving the legitimate aim of compensating her for the disadvantages occasioned by pregnancy or maternity leave.
In Kulikaoskas v Macduff Shellfish and another EATS/0062/09 & EATS/0063/09, the EAT held that an employee who claimed that he was dismissed because of his partner's pregnancy was unable to bring a claim of associative discrimination under the Sex Discrimination Act 1975.
The industrial tribunal in Northern Ireland has awarded around £46,500 to an employee whose employer refused to pay her statutory maternity pay, in a serious case of sex discrimination that led to the claimant having health problems.
The Employment Appeal Tribunal has held that the Sex Discrimination Act 1975 does not prohibit associative pregnancy discrimination, and that the issue does not require a reference to the European Court of Justice.
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