The Labour Court set aside an Equality Officer’s discrimination decision and £3,000 award to Margaret Mc Kenna on the North Western Health Board’s appeal. The Court dated its determination 27 April 2006.
Mc Kenna had complained that her pay was reduced to half while she was on sick leave for a pregnancy-related illness. The Court held that reducing pay under the sick-leave scheme did not constitute sex discrimination if she was treated in the same way as a man absent through illness and the payment was not so low as to undermine the protection of pregnant workers. It also said pregnancy-related absence could count against the sick-leave limit only if her pay after maternity leave did not fall below the minimum due during the illness. The Court directed the parties to amend the scheme accordingly.