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    BASIC POSITION

    CAUTION: go to notes on Equality Act 2010/changes made by the Act for changes to discrimination law in effect from 1st October 2010. The unique emplaw EA 2010 cross-reference tool will locate new statutory references for you.

    even though an employer's sickness policy may provide for dismissal after a set period of absence, it is unlawful sex discrimination to implement that policy to dismiss a female worker during her pregnancy for absence caused by a pregnancy-related illness - but reducing her pay or taking other steps short of dismissal pursuant to a sickness policy which applies equally to both sexes may be lawful.

    See also notes at Pregnancy/dismissal or detriment for reason connected with and/or Maternity/maternity leave/illness delaying return to work and/or Illness, sickness and accidents/general


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    reviewed June2010
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