Pregnancy dismissal protection applies after expiry of maternity leave
Article Abstract:
The EAT upheld an industrial tribunal's decision that an illness which arises during and extends beyond a new mother's maternity leave precludes her dismissal from employment if the employer continued to recognize her as an employee during the extended leave. The EAT stated that a purposive interpretation of the Employment Rights Act of 1996 indicated protection for women in such situations. The EAT also held that employers practice sex discrimination when terminating employment for illnesses deriving from child birth.
Publication Name: Industrial Relations Law Bulletin
Subject: Law
ISSN: 0969-3637
Year: 1998
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Return or repayment provision compatible with EC Law
Article Abstract:
The European Court of Justice ruled in Boyle v. Equal Opportunities Commission that a contractual term requiring a woman to undertake to return to work when her maternity leave expired or otherwise repay any wages paid by her employer above the statutory maternity pay for the period did not violate the equal pay principle of Article 19 of the Treaty of Rome and the Equal Pay Directive.
Publication Name: Industrial Relations Law Bulletin
Subject: Law
ISSN: 0969-3637
Year: 1999
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