Up Close and Personnel — March 2014: dismissal for absence due to post-natal depression was not discriminatory

In Lyons v DWP Jobcentre Plus (2013), the Employment Appeal Tribunal (EAT) upheld the decision of the Employment Tribunal that a woman who was dismissed after the end of her maternity leave due to absence caused by post-natal depression was not discriminated against on grounds of pregnancy. Although the claimant had been treated unfavourably for a pregnancy-related illness, this could only amount to pregnancy discrimination if the treatment had occurred during the ‘protected period’, i.e. the period between the beginning of the pregnancy and the end of maternity leave…

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