The European Court of Justice and House of Lords rule that pregnancy discrimination is unlawful.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Mrs Webb was dismissed by her employer when she notified them of her pregnancy. An industrial tribunal and employment appeal tribunal dismissed her claim that this was direct and indirect sex discrimination. The House of Lords referred the case to the European Court of Justice which ruled in July 1994 that:

 

There can be no question of comparing the situation of a woman who finds herself incapable, by reason of pregnancy discovered very shortly after the conclusion of the employment contract, of performing the task for which she was recruited with that of a man similarly incapable for medical or other reasons.

 

The ECJ also stated that the Equal Treatment Directive:

 

precludes dismissal of an employee who is recruited for an unlimited term with a view, initially, to replacing another employee during the latter’s maternity leave and who cannot do so because, shortly after recruitment, she is herself found to be pregnant.

 

Thus the case established an important ruling at the level of European law (and thus important for all member states).

In their own ruling of 19 October 1995 the Law Lords upheld Mrs Webb’s appeal and ordered the industrial tribunal to award her compensation.