Protection against unfavourable treatment because of pregnancy, pregnancy-related illness, or maternity leave under s.18 of the Equality Act 2010. This regime is distinct from sex discrimination and does not require a male comparator.
ICR 175 (HL) / [1994] ICR 720 (ECJ) - Pregnancy; dismissal; dismissing a woman because she is unavailable due to pregnancy is sex discrimination. [Summary not yet checked against the judgment.]
Caisse Nationale d'Assurance Vieillesse des Travailleurs Salaries v ThibaultCase C-136/95; [1998] IRLR 399; [1998] ECR I-2011[judgment]
ECJ (Sixth Chamber)
Maternity; assessment; failing to assess a woman for promotion because she is on maternity leave is discrimination. [Summary not yet checked against the judgment.]
Holiday pay; Working Time Regulations 1998; non-guaranteed overtime. A conjoined appeal heard with Bear Scotland Ltd v Fulton and AMEC Group Ltd v Law; see the Bear Scotland entry for the ratio. Article 7 of the Working Time Directive requires normal remuneration to include payments for overtime the worker is required to work although the employer is not obliged to offer it. [Summary checked against a practitioner text, not the judgment.]
References found in the judgments’ text, with the number of paragraphs in which each case is mentioned. Not a classification: how a case was treated is recorded under Later history.
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