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Dismissal for post-natal depression was not discriminatory
In Lyons v DWP Job Centre Plus, the EAT upheld a Tribunal decision that a woman who was dismissed for having being off sick for post-natal depression for several months following the end of her maternity leave was not discriminated against either because of pregnancy or sex. She was outside the protected period of pregnancy and maternity leave, and in consideration of the ECJ decision in Brown v Rentokil Limited it was not necessarily discriminatory because of sex where a woman is dismissed for a pregnancy related absence where her maternity leave has ended. Sex discrimination in such circumstances will only occur if the employer treats her less favourably than it would have treated a sick man in similar circumstances. A surprising decision but an interesting one nonetheless.
This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.
For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222
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