Brown v Rentokil Ltd: ECJ 30 Jun 1998

Dismissal for any illness associated with pregnancy is for a sex related reason, and is discriminatory, and unlawful irrespective of the contractual right being otherwise applied equally to men suffering illness. Pregnancy is a period during which disorders and complications may arise compelling a woman to undergo strict medical supervision and, in some cases, to take absolute rest for all or part of her pregnancy. Those disorders and complications, which may cause incapacity for work, form part of the risks inherent in the condition of pregnancy and are thus a specific feature of that condition


C. Gulmann, P


Times 02-Jul-1998, Gazette 09-Sep-1998, [1998] IRLR 445, C-394/96, ECJ/CFI Bulletin 18/98, 1, [1998] EUECJ C-394/96, [1998] ECR I-4185, [1998] ICR 790, [1998] Fam Law 597, [1999] 1 FCR 49, [1998] 2 FLR 649, [1998] 2 CMLR 1049, [1998] CEC 829




EC Treaty Art 177, Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment etc


Appeal from – ReversedBrown v Rentokil Ltd IHCS 10-Mar-1995
Mrs Brown was employed by Rentokil as a driver, transporting and changing ‘Sanitact’ units in shops. In her view, it was heavy work. She told Rentokil that she was pregnant. She had difficulties associated with the pregnancy. From 16 August 1990 . .
Lists of cited by and citing cases may be incomplete.

Discrimination, European

Updated: 18 May 2022; Ref: scu.78709