[1999] ICR 360, ECJ Case C-411/96
NOTES

  • Boyle and ors v Equal Opportunities Commission [1999] ICR 360, ECJ Case C-411/96.
  • The full text judgment in this case is available free of charge on the BAILII website.
    Authority for the propositions that:-

    1. it is lawful under EC law for an employment contract to require that any excess of maternity leave pay over statutory maternity pay is subject to refund to the employer if the employee does not return to work for at least one month after the birth of her child;

    2. it is lawful under EC law for an employment contract to require that the date on which paid maternity leave starts in the case of a woman who gives birth while on sick-leave with a pregnancy-related illness shall be brought forward to six weeks before the expected week of childbirth or when the sickness leave began, whichever was later;

    3. a clause in an employment contract which prohibits the taking of sick leave during maternity leave is contrary to EC law in so far as the 14 week minimum maternity leave period guaranteed by EC law is concerned but is lawful in so far as any additional maternity leave is concerned;

    4. a clause in an employment contract which provides that annual holiday entitlement shall not accrue during periods of maternity leave is contrary to EC law in so far as the 14 week minimum maternity leave period guaranteed by EC law is concerned but can be lawful in relation to any additional maternity leave;

    5. a clause in an employment contract which provides that pension entitlement under an occupatonal pension scheme shall not accrue during periods of maternity leave is contrary to EC law in so far as the 14 week minimum maternity leave period guaranteed by EC law is concerned but can be lawful in relation to any additional maternity leave;

    6. the EOC should be regarded as an emanation of the State for the purpose of considering whether direct effect should be given to EC directives (this point was agreed but not argued).

      See Time off work/pay during time off work/maternity leave and MATERNITY for general relevant notes.


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      prepared Feb99;