Alabaster v Woolwich Plc, Secretary of State for Social Security: CA 26 Feb 2002

The applicant had left on maternity leave. Before leaving, her salary had been increased, but the increase was not back-dated to any part of the period over which the regulations required her average earnings to be calculated for statutory maternity pay. She asserted discrimination, and unlawful deductions from her wages. Should her case be referred to the European Court? The regulations had sought to incorporate the effect of the Gillespie case into UK law.
Held: The effect of the regulations was unclear, and the question was to be referred to the European Court.
Lord Justice Brooke, Lord Justice Mummery, And, Lord Justice Kay
[2002] EWCA Civ 21, [2002] 1 CMLR 56, [2002] IRLR 420
Bailii
Social Security Contributions and Benefits Act 1992, Statutory Maternity Pay (General) Regulations 1986 (SI No. 1960), Equal Pay Act 1970, Employment Rights Act 1996 13, EU Treaty Art 141, Equal Treatment Directive 75/117/EEC
England and Wales
Citing:
CitedGillespie and Others v Northern Health and Social Services Board and Others ECJ 13-Feb-1996
Benefits payable in maternity leave must make allowance for a pay increase which applied to other workers whilst employee on leave. . .
Appeal fromM K Alabaster v Woolwich Plc, the Secretary of State for Social Security EAT 7-Apr-2000
The regulations did not properly implement the decision of the European Court which they intended to reflect. When a woman was on maternity leave, and there was a salary award, she should have been entitled to the benefit of that award whether or . .
See AlsoAlabaster v Barclays Bank Plc and Another CA 3-May-2005
The claimant sought increased maternity pay. Before beginning her maternity leave she had been awarded a pay increase, but it was not backdated so as to affect the period upon which the calculation of her average pay was based. The court made a . .
At ECJMichelle K Alabaster v Woolwich plc,and Secretary of State for Social Security ECJ 30-Mar-2004
Europa Social policy – Men and women – Equal pay – Pay during maternity leave – Calculation of amount – Whether to include a pay rise.
The claimant had been awarded a pay rise before taking maternity leave. . .

Cited by:
Reference fromMichelle K Alabaster v Woolwich plc,and Secretary of State for Social Security ECJ 30-Mar-2004
Europa Social policy – Men and women – Equal pay – Pay during maternity leave – Calculation of amount – Whether to include a pay rise.
The claimant had been awarded a pay rise before taking maternity leave. . .

These lists may be incomplete.
Updated: 11 March 2021; Ref: scu.167705