| Source: | All England Reporter |
| Publisher Citation: | [2002] All ER (D) 354 (Feb) |
| Court: | Court of Appeal, Civil Division |
| Judge: | Brooke, Mummery and Kay LJJ |
| Representation | Laura Cox QC, Karon Monaghan and Akua Reindorf (instructed by Palmer Wade) for the claimant. |
| Martin Griffiths (instructed by Catriona McIntyre, Barclays Bank plc Legal) for the defendant. | |
| Christopher Vajda QC and Rebecca Haynes (instructed by the Treasury Solicitor) for the Secretary of State. | |
| Judgment Dates: | 26 February 2002 |
Catchwords
European Community - Equality of treatment of men and women - Equal pay for equal work - Maternity leave benefit - Claimant taking maternity leave - Claimant receiving non back-dated pay rise after relevant period for salary calculation - Whether pay rise should be taken into account in calculating maternity pay - EC Treaty, art 141.
The Case
The Court of Appeal referred questions to the European Court of Justice on the issue of whether the calculation of statutory and contractual payments, to which the claimant was entitled while on maternity leave, had to reflect the increase in her salary, which occurred shortly before she started her maternity leave.
Practice Areas
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