Labour & European Law Review
02 November 2016
New research has found that British women could lose as much as £113 million a year when they’re forced to leave their job because of pregnancy and maternity discrimination. The study, by the Equalities and Human Rights Commission, found that women were most likely to be financially affected when they felt forced to leave their job at an early stage of their pregnancy, due to loss of earnings.
A dismissal is normally fair if an employer can show that it relates to an employee’s conduct. In Trye v UKME (UK Mission Enterprise Ltd), the Employment Appeal Tribunal (EAT) held that tribunals can take into account a final written warning that is still current when deciding whether a misconduct dismissal was within the band of reasonable responses open to an employer.
Up until 2014 when same-sex marriage became legal, anyone with a full certificate of gender recognition was entitled to a state pension according to the rules relating to their acquired gender, unless they were married. In MB v Secretary of State for Work and Pensions, the Supreme Court asked the Court of Justice of the European Union whether EU law precludes national law from requiring a transgender person to be unmarried to qualify for a state pension.