The IMPACT trade union has won a case against the North Western Health Board which appears to have repercussions for all employers who treat pregnancy-related sick leave in the same way as they do standard sick leave.
The landmark case was brought by IMPACT on behalf of a worker who had her pay halved while on long-term sick leave because of a pregnancy-related illness.
The standard North Western Health Board sick pay scheme gives full pay for six month’s leave and half pay for a further six months but in a decision today it was ruled that treating a pregnancy related illness in the same way as an absence due to normal illness was discriminatory under EU law.
IMPACT official Ms Emer O’Shea said the Board had been ordered to reimburse the woman and pay her £3,000 compensation for distress suffered as a result of discrimination.
"IMPACT argued that it was unfair and illegal to treat pregnancy-related sick leave as normal sick leave and we have been vindicated by this outcome. The ruling has implications for all employers and could potentially benefit thousands of women and their families."
It is not yet known if the North Western Health Board will appeal the ruling but IMPACT said they hoped it would not.