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Johal v. Commission for Equality & Human Rights - Discrimination on the ground of pregnancy and maternity leave [2010] EAT

The provision in the Sex Discrimination Act which makes it unlawful for a person to treat a pregnant woman "less favourably than he would treat her had she not become pregnant" (Sex Discrimination Act 1975 s.3A) applies if and only if the less favourable treatment is "on the ground of the woman's pregnancy" or "on the ground that the woman is exercising or seeking to exercise, or has exercised or sought to exercise, a statutory right to maternity leave".

Mrs Johal worked for the Commission for Racial Equality, later merged into the Equality & Human Rights Commission. Before going on maternity leave in 2007 Mrs Johal asked to be kept informed of internal vacancies that arose whilst she was on leave. Individuals reassured her that this would be done.

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