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SEX DISCRIMINATION: No protection for post-natal depression

06 June 2014  

Mark Kaye discusses a recent EAT decision on the dismissal of an employee who continued to take sickness absence after her maternity leave ended

It is not uncommon for a woman to be incapacitated following the end of her maternity leave. The question faced by the Employment Appeal Tribunal (EAT) in Lyons v DWP Jobcentre Plus [2014] was whether it was direct sex discrimination and/or pregnancy and maternity discrimination to dismiss a mother in such circumstances.

Additional Info

  • Case(s) Referenced:

    Brown v Rentokil Ltd [1998] Case C-394/96

    Lyons v DWP Jobcentre Plus [2014] UKEAT 0348/13/1401

    Polkey v AE Dayton Services Ltd [1987] UKHL 8

Last modified on 09 July 2014