- Maternity discrimination: approach is same as for direct discrimination (Interserve FM v Tuleikyte)
- Original news
- What is the impact of this judgment?
- What is the relevant background law?
- Direct discrimination
- Pregnancy and maternity discrimination
- What were the facts?
- What did the employment tribunal decide?
- What did the EAT decide?
- Case details
Employment analysis: The approach in a pregnancy/maternity discrimination case under Equality Act 2010 (EqA 2010), s 18 should be the same as in a direct discrimination case under EqA 2010, s 13. When considering whether the treatment was ‘because of’ the protected characteristic of pregnancy or maternity under EqA 2010, s18 it is necessary to first assess whether it was due to an inherently discriminatory criterion and, if not, then look at the 'reasons why' the respondent acted as it did, according to the EAT.
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