The applicant had been taken on to stand in for an employee taking maternity leave. She herself became pregnant, and she was dismissed. Her clam for sex discrimination had been rejected by the industrial tribunal and EAT.
Held: Since a man who had been recruited in the same situation would have been dismissed if he taken substantial time off for sickness, there was was no sex discrimination. The dismissal of a temporary replacement employee working in the place of an employee on maternity leave who in turn became pregnant was not discriminatory.
Citations:
Gazette 11-Mar-1992, [1992] 1 All ER 43
Statutes:
Sex Discrimination Act 1975 1(1)
Jurisdiction:
England and Wales
Cited by:
Appeal from – Webb v EMO Air Cargo (UK) Ltd (No 1) HL 3-Mar-1993
Questions on pregnancy dismissals included unavailability at required time. The correct comparison under the Act of 1975 was between the pregnant woman and: ‘a hypothetical man who would also be unavailable at the critical time. The relevant . .
At CA – 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 . .
See Also – Webb v EMO Air Cargo (UK) Ltd (No 2) HL 20-Oct-1995
The applicant complained that she was dismissed when her employers learned that she was pregnant.
Held: 1(1) (a) and 5(3) of the 1975 Act were to be interpreted as meaning that where a woman had been engaged for an indefinite period, the fact . .
Lists of cited by and citing cases may be incomplete.
Discrimination, European
Updated: 08 May 2022; Ref: scu.90351