However the employer felt that that their approach was legally necessary in order to ensure that the female employee did not lose out by her maternity absence and to avoid the risk of a sex discrimination claim from her. However the unfair dismissal claim succeeded as the employer had been found not to have followed its own policies and procedures. We have lodged an appeal against that part of the claim where we were unsuccessful with the Employment Appeal Tribunal.”. It seem contradictory that an adoptive mother with no biological connection to an adoptive child benefits from paid leave, but an intended mother in a surrogacy arrangement is not. They both worked at the same factory and he claimed that he was dismissed for helping her carry heavy items.
Female employees effectively do have priority over other employees who are at risk of redundancy for other available vacancies, even if the woman is on maternity leave. This was to aid recruitment and retention of female employees to meet a diversity target of employing 25% women. The refusal to grant maternity leave to the commissioning mother does not constitute direct or indirect discrimination on grounds of sex. When she returned to work in January she told the managing partner that she was pregnant. The Pregnancy Workers Directive does not protect commissioning mothers who do not have to have maternity leave pursuant to the directive, even if they breastfeed the baby following the birth. Through induced hormone treatment, she began breastfeeding the child just a few hours after the child’s birth. Although some of her conduct had been inappropriate, especially in her attempts to force a compromise of the claim, only behaviour before the dismissal should be taken into account, not any behaviour after that. If you continue browsing, we assume that you consent to our use of, EY US sees 38% of new fathers take six weeks or more paternity leave, Netflix introduces unlimited maternity and paternity leave, 43% of new fathers take half paternity leave entitlement, Reckitt Benckiser completes £415 million pensions buy-in transaction, Lidl increases hourly pay for 20,000 employees, Tesco rewards staff with 10% bonus payment, BBC Studios appoints Debi Povey as reward business partner. Explore our collection of resources around maternity and parental rights, including Q&As on shared parental leave and adoption law and relevant case law. As a result of the scores the male employee was selected for redundancy.
In the UK, qualifying fathers can take up to two weeks’ paternity leave with the statutory weekly rate of paternity pay being £140.98, or 90% of employees’ average weekly earnings (whichever is lower).
The claimant’s wife returned to work and he took just four months off to care for his son.
The Employment Appeal Tribunal dismissed the appeal, ruling that under Regulation 10 the work was suitable and appropriate for the consultant to do in the circumstances, but the location in Cheltenham was less favourable than if she had continued to work in London. If an employer is faced with a claim of treating a man less favourably on the grounds of a woman's pregnancy then (until the decision of the ECJ and the Court of Session) the employer could try and defend themselves using the Employment Appeal Tribunal’s decision that this is not covered by the associative discrimination provisions.
The European Court of Justice held that this difference in treatment was sex discrimination. The employer had broken the implied term of trust and confidence by refusing to consider her request for a transfer, by deducting her wages, and by not hearing the grievance properly. In any event to discriminate against someone because of their association with a pregnant woman is bad practice, even if it not clearly covered by the law. However it appears that a pregnancy-related illness can be the subject of dismissal procedures once the protected period comes to an end.
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