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 that pregnancy was the reason for her temporary unavailability at a time when to her knowledge her services would be particularly required was a circumstance relevant to her case that could not be present in the case of the hypothetical male comparator. The dismissal of a woman because she was pregnant was discriminatory. The contract in this case was not a fixed term contract.
Lord Keith of Kinkel , Lord Griffiths, Lord Browne-Wilkinson, Lord Mustill, Lord Slynn of Hadley
Independent 26-Oct-1995, Times 20-Oct-1995, [1995] ICR 1021, [1995] UKHL 13, [1995] 1 WLR 1454, [1996] 2 CMLR 990, [1995] IRLR 645, [1995] 4 All ER 577
Bailii
Sex Discrimination Act 1975 1(1)(a) 5(1)
England and Wales
Citing:
Remitted from – 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 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 . .
See Also – Webb v EMO Air Cargo (UK) Ltd CA 20-Dec-1991
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 . .
Cited by:
Remitted to – 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 . .
Cited – Alabaster 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 . .
Cited – Attridge Law (A Firm of Solicitors) v Coleman and Law EAT 20-Dec-2006
The claimant asserted associative disability discrimination. She was the carer for her disabled son.
Held: To succeed the claimant would have to show that associative discrimination was prohibited by the directive and that the 1995 Act could . .
Cited – Clark v TDG Limited (Trading As Novacold) CA 25-Mar-1999
The applicant had soft tissue injuries around the spine as a consequence of a back injury at work. He was absent from work for a long time as a result of his injuries, and he was eventually dismissed when his medical advisers could provide no clear . .
Cited – AC v Berkshire West Primary Care Trust, Equality and Human Rights Commissions intervening Admn 25-May-2010
The claimant, a male to female transsexual, challenged a decision by the respondent to refuse breast augmentation treatment. The Trust had a policy ‘GRS is a Low Priority treatment due to the limited evidence of clinical effectiveness and is not . .
Cited – Gbokoyi v Bennett’s Eco-Inverter (Environmental Services) Ltd EAT 18-Jan-2002
The claimant appealed against dismissal of her unfair dismissal and of her maternity related discrimination claim.
Held: The appeal succeeded: ‘it does not appear that the tribunal gave any separate consideration to whether the pregnancy was . .
Lists of cited by and citing cases may be incomplete.
Discrimination, European, Employment
Leading Case
Updated: 10 November 2021; Ref: scu.90354
