Source: All England Reporter
Publisher Citation: [2003] All ER (D) 394 (Feb)
Court: Court of Justice of the European Communities (Fifth Chamber)
Judge:

Judges Wathelet (Rapporteur), President of the Chamber, Timmermans, Jann, von Bahr and Rosas

Judgment Dates: 27 February 2003

Catchwords

European Communities - Social policy - Equal pay and treatment - Pregnancy - National legislation limiting duties performed by pregnant employees - Requirement for employee to disclose subsequent pregnancy on application to return to work before end of parental leave - Compatibility with Community law - Council Directive (EEC) 76/207, art 2(1).

The Case

In circumstances where an employee wished to return to work before the end of a period of parental leave, art2(1) of Council Directive (EEC) 76-207 precluded requirements that she had to inform her employer that she was pregnant, irrespective of whether national legislation rendered her unable to perform all of her duties because of her pregnancy. The same article also precluded the employer from vitiating its consent to her returning to work on the grounds that it was in error as to her being pregnant.

Practice Areas

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