Pregnancy Discrimination in UK Law

Leading Cases
  • Webb v Emo Air Cargo (UK) Ltd (Case C-32/93)
    • House of Lords
    • 19 Octubre 1995

    The ruling of the European Court proceeds on an interpretation of the broad principles dealt with in Articles 2(1) and 5(1) of the Directive 76/207/E.E.C. Sections l(1)( a) and 5(3) of the Act of 1975 set out a more precise test of unlawful discrimination, and the problem is how to fit the terms of that test into the ruling.

  • Madarassy v Nomura International Plc
    • Court of Appeal (Civil Division)
    • 26 Enero 2007

    The bare facts of a difference in status and a difference in treatment only indicate a possibility of discrimination. They are not, without more, sufficient material from which a tribunal “could conclude” that, on the balance of probabilities, the respondent had committed an unlawful act of discrimination.

    Section 63A(2) does not expressly or impliedly prevent the tribunal at the first stage from hearing, accepting or drawing inferences from evidence adduced by the respondent disputing and rebutting the complainant's evidence of discrimination.

    The submission that a hypothetical male comparator is always irrelevant in cases of alleged pregnancy discrimination is incorrect. The mere fact that a tribunal compared Ms Madarassy's treatment with that of a hypothetical male comparator does not disclose an error of law in this case. It is necessary to take account of the factual nature of the particular allegation.

    It does not follow, however, that it is wrong for an employment tribunal to make a comparison with a hypothetical male comparator for the purpose of determining whether pregnancy or some other reason was the ground for the particular treatment of a pregnant female employee. As explained earlier, two routes are open to the tribunal and both of them are legitimate. The first route is to identify the attributes of a hypothetical comparator.

  • Webb v Emo Air Cargo (UK) Ltd (Case C-32/93)
    • Court of Appeal (Civil Division)
    • 20 Diciembre 1991

    I therefore conclude that Mr. Pannick's argument, which follows the decision of the EAT in Hayes and the opinion of Ms. Smith in Turley, is correct.

  • Hall v Woolston Hall Leisure Ltd
    • Court of Appeal (Civil Division)
    • 23 Mayo 2000

    In cases where the contract of employment is neither entered into for an illegal purpose nor prohibited by statute, the illegal performance of the contract will not render the contract unenforceable unless in addition to knowledge of the facts which make the performance illegal the employee actively participates in the illegal performance. It is a question of fact in each case whether there has been a sufficient degree of participation by the employee.

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Legislation
  • Equality Act 2010
    • UK Non-devolved
    • 1 de Enero de 2010
    ...... and restate the greater part of the enactments relating to discrimination and harassment related to certain personal characteristics; to enable ...;disability;gender reassignment;marriage and civil partnership;pregnancy and maternity;race;religion or belief;sex;sexual orientation. . 5: Age . ......
  • Sex Discrimination Act 1975
    • UK Non-devolved
    • 1 de Enero de 1975
    ......2(h) (with savings in S.I. 2010/2279, art. 14(6) and S.I. 2010/2317, arts. 1(2), 10(8)(a)) . 3A: Discrimination on the ground of pregnancy or maternity leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Annotations: Amendments (Textual) # F1 Act repealed (1.10.2010 ......
  • The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014
    • UK Non-devolved
    • 1 de Enero de 2014
    ...... users must not be provided in a way that—(a) includes discrimination against a service user on grounds of any protected characteristic (as ...) the provision of advice, information and support in relation to pregnancy, childbirth or the acquisition of parenting skills, where provided by a ......
  • Employment Rights (Northern Ireland) Order 1996
    • UK Non-devolved
    • 1 de Enero de 1996
    ...... of a child whether living or dead after twenty-four weeks of pregnancy, . “collective agreement” has the meaning given by Article 2(2) of ... (b) (b) a complaint under Article 63 of the 12 Sex Discrimination (Northern Ireland) Order 1976 arising out of a dismissal, or . (c) (c) a ......
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Books & Journal Articles
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Law Firm Commentaries
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Forms
  • T420)
    • HM Courts & Tribunals Service court and tribunal forms
    Includes the refund form for claimants.
    ...... has violated your rights or make a recommendation in a discrimination. case that the respondent take action to reduce the likelihood of the ...• being dismissed for pregnancy or a pregnancy related reason;. • being dismissed for the assertion of a ......
  • Make a claim with others to an employment tribunal
    • HM Courts & Tribunals Service court and tribunal forms
    Includes the refund form for claimants.
    ......age. race. gender reassignment. disability. pregnancy or maternity. marriage or civil partnership. sexual orientation. sex ...Compensation only. If claiming discrimination, a recommendation (see Guidance). 9.2 What compensation or remedy are you ......
  • guidance for claimants and respondents (T425)
    • HM Courts & Tribunals Service court and tribunal forms
    Includes the refund form for claimants.
    ......claiming. In an unfair dismissal case or discrimination claim involving loss of employment,. you must be able to show what steps ...return to work after pregnancy) the tribunal may consider ordering reinstatement or reengagement. As a ......
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