Winckworth Sherwood

UK 200 2013 position: 94

Dismissal for pregnancy-related absences arising after maternity leave

In the recent case of Lyons v DWP JobCentre Plus, the Employment Appeal Tribunal (EAT) confirmed that dismissal arising out of absences for post-natal depression after maternity leave had come to an end did not constitute discrimination.

Under the Equality Act 2010, pregnancy discrimination occurs where an employer treats an employee unfavourably because of her pregnancy or because of an illness she has suffered as a result of her pregnancy during the period from the beginning of the pregnancy to the end of maternity leave (the protected period).

Direct sex discrimination occurs where, because of an employee’s sex, an employer treats him/her less favourably than it treats or would treat others…

Click on the link below to read the rest of the Winckworth Sherwood briefing.

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