Workplace Report February 2005

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Law - Discrimination

Sick pay and pregnancy

Case 4: The facts

Ms McKenna was off sick while pregnant, and had to use up much of her occupational sick pay entitlement. She argued that her employer had discriminated against her by treating her pregnancy-related illness the same as any other illness.

The ruling

The European Court of Justice (ECJ) ruled in McKenna's favour, finding that her employer's sick leave scheme amounted to sex discrimination and was contrary to EU law.

North Western Health Board v McKenna C-191/03


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