Hearings
England & Wales
07 Apr 2000 [2000] ICR 1037, EAT
European Union
30 Mar 2004 (Case C-147/02); EU:C:2004:192; [2005] ICR 695; [2005] All ER (EC) 490, ECJ
Alabaster v Woolwich Plc
Subject Matter
DISCRIMINATION — Sex — Equal pay — Maternity leave — Earnings-related maternity pay excluding pay rise awarded during maternity leave but after statutory period on which pay based — Whether contrary to Community equal pay principle — Whether domestic legislation providing effective remedy — -Equal Pay Act 1970, s 1(1)(2) (as amended by Sex Discrimination Act 1975, s 8) — Employment Rights Act 1996, s 13 — Statutory Maternity Pay (General) Regulations 1986, reg 21(7) (as inserted by Statutory Maternity Pay (General) Regulations 1996, reg 2) — EC Treaty, art 141
DISCRIMINATION — Sex — Equal pay — Maternity pay based on earnings during specified period — Whether earnings to include pay rise awarded after specified period — Whether relevant that pay rise not backdated — EC Treaty, art 119
Appellate History
Alabaster v Woolwich Plc [2000] ICR 1037, EAT
Decision of the Employment Appeal Tribunal reversed
Alabaster v Woolwich Plc [2005] ICR 1246, CA