UK and European maternity rights: success, failure or a confused court

Abstract

An analysis of the increasing number of women to be found in the workplace, and the rapidly changing nature of women's employment in part-time positions. The role played by the law in enabling women to return to work, particularly on a flexible basis. The development of UK maternity rights, with a brief analysis of current UK maternity rights under the Employment Rights Act 1996. The application of the Sex Discrimination Act, particularly when women wish to combine their employment with child care. Maternity rights available in other EU countries, coupled with flexibility arrangements, and access to parental leave and details of the financial arrangements available. A consideration of EU maternity rights, including a review of the Equal Treatment Directive, and the derogations therefrom, namely where the sex of the worker constitutes a determining factor, for the protection of women particularly as regards pregnancy and maternity, and for positive discrimination. Examination of decisions of the UK courts and the European Court of Justice, in particular considering the cases of Dekker, Hertz, Larsson, Habermann-Beltermann, Johnston v. RUC, Webb, Boyle, Brown v. Rentokil, Gillespie, London Underground V. Edwards, Caledonia Bureau Investment and Property Company v. Caffrey, Halfpenny v.I.G.E. Medical Systems, and Hofmann. Particular consideration of the protection afforded to female employees in respect of the pre- and post birth periods, especially in relation to pregnancy related illness. Analysis of the Pregnant Workers Directive and the Management of Health and Safety at Work (Amendment) Regulations. Consideration of the Parental Leave Directive and new Maternity Rights to be introduced under the Employment Relations Bill. Consideration of possible future developments to include the Part Time Work Directive.