Posted by Gemma Ospedale, Partner
On 1 September 2016 Withy King LLP merged with Royds LLP. The trading name for the merged firm is Royds Withy King. All content produced prior to this date will remain in the name of the firms pre-merger.
Surrogate mothers not protected by EU law
In two cases before the ECJ, CD v ST and another case, the ECJ has held that there was no breach of EU law to deny to mothers who had children by a surrogate, maternity or adoption leave and pay. They had not been pregnant so they were not entitled to maternity leave, and since a man who had organised a surrogacy would be treated the same, there was no sex discrimination.
The Court also held that a woman who was unable to have children because she had no uterus was not discriminated against on the grounds of disability in not being provided with leave and pay.
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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