Discrimination during maternity leave

Case 2: The facts

History teacher Mrs Athis was denied a pay rise under the performance-related review system because her pupils' exam results were poor. She claimed that this was sex discrimination - she had been limited in the number of courses she could teach because she worked part-time and had been on maternity leave.

The tribunal rejected Athis's claim, finding that the school had provided rational reasons, not based on sex, for selecting teachers for salary increases.

The ruling

The Employment Appeal Tribunal (EAT) noted that, while Athis was on maternity leave, a notice advising teachers that they could make representations or provide further material to the salary review committee had been placed on the staff noticeboard. Athis had not been made aware of the notice, but the tribunal had ignored this vital piece of information.

The EAT held that the failure to provide Athis with information that was available to other teachers because she was on maternity leave amounted to discrimination. It referred the case to another tribunal to be heard again.

Athis v The Blue Coat School UKEAT/0541/04