ECJ case C-191/03 on 8th September 2005, reported at [2006] ICR 477 (also at [2005] IRLR 895)
NOTES
North Western Health Board v McKenna, ECJ case C-191/03, European Court of Justice on 8th September 2005, reported at [2006] ICR 477 (also at [2005] IRLR 895).
The full text judgment in this case is available free of charge on the BAILII web-site
(professional versions only)
Authority for the propositions that:-
- where a company sickness scheme provides for a reduction in pay when an employee of either sex is off work sick it is immaterial that the sickness is pregnancy related, and so will not give the woman concerned the right to claim unlawful sex discrimination, except in the unusual case where "the amount of payment made is not so low as to undermine the objective of protecting pregnant workers".
- absence from work on grounds of pregnancy-related illness counts towards an employee's total number of days of paid sick leave.
For relevant general notes see Illness, sickness and accidents/pregnancy related illness .
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prepared Nov 2005