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Law Cases
Labour Law Cases
Conceptural apparatus of discrimination and equal treatment Cases

Fletcher v Blackpool [2005] IRLR 689

Country:
United Kingdom
By Oxbridge Law Team
Cox J
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  • Some midwives were trainees, but had to suspend their training due to pregnancy. The NHS stopped their bursaries for the period when they were not in training.

  • EAT held that this constituted sex discrimination as the women had been treated less favourably due to their being pregnant.

    • In the present case, but for their pregnancies, the claimants would not have been absent.

    • Their absence resulted in the termination of their bursary payments which caused the discrimination. 

Cox J

  • Men who were off work sick were given better treatment.

  • Although the ruling in Webb established that there is no need for women to draw a comparison to male colleagues who take time off for illness, it does not prevent them from doing so where it is necessary for them to be able to draw a comparison highlighting the discriminatory treatment. 

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