Where a full time student became pregnant and had to suspend her studies, the regulations still treated her as a student, and disentitled her from benefits. The claimant alleged that this was sex discrimination.
Held: It was not. The starting point had to be that the Regulations made no explicit distinction between a man and a woman, nor with whether a woman was pregnant or not. She claimed that she had suffered a detriment and that since it was associated with her benefit it was discriminatory. Not everything which affected pregnant women was discriminatory.
Judges:
Lord Justice Peter Gibson Lord Justice Robert Walker And Lord Justice Keene
Citations:
Times 13-Dec-2001, Gazette 06-Feb-2002, [2001] EWCA Civ 1913
Links:
Statutes:
Jobseekers Allowance Regulations 1996 (SI 1996 No 207), Equal Treatment Directive 79/7/EEC (OJ 1979 L6/24)
Jurisdiction:
England and Wales
Citing:
Cited – Webb v EMO Air Cargo ECJ 14-Jul-1994
Community Law protects women from dismissal during pregnancy save in exceptional circumstances. It was discriminatory to dismiss a female not on a fixed term contract for pregnancy. The Court rejected an interpretation of the Directive that would . .
Lists of cited by and citing cases may be incomplete.
Discrimination, Benefits
Updated: 05 June 2022; Ref: scu.167841