R (The Motherhood Plan) v HM Treasury

Subject Matter

SOCIAL SECURITY — Welfare benefits — Coronavirus support scheme — Government introducing support scheme for self-employed individuals with businesses affected by Covid-19 pandemic — Whether method of calculating payments unlawfully discriminating against women who took maternity leave during past three years — Whether breach of public sector equality duty — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 14, Pt II, art 1 — Equality Act 2010 (c 15), s 149(1)

[2021] EWHC 309 (Admin); [2021] PTSR 1202; [2021] WLR(D) 110, QBD

SOCIAL SECURITY — Welfare benefits — Coronavirus support scheme — Government introducing support scheme for self-employed individuals with businesses affected by Covid-19 pandemic — Whether method of calculating payments unlawfully discriminating against women who took maternity leave during past three years — Whether discrimination justified — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 14, Pt II, art 1

[2021] EWCA Civ 1703; [2022] PTSR 494; [2022] 3 All ER 727; [2021] WLR(D) 590; The Times, 1 February 2022, CA

Appellate History

Commentary

UK Human Rights Blog
High Court: Covid self-employed support scheme does not unlawfully discriminate against women Case comment