§ Lord Vinsonasked Her Majesty's Government:
Whether it is lawful for a six months pregnant woman to seek damages through an industrial tribunal against a self-employed person who declined to employ her on the grounds of her anticipated absence from work due to her condition in circumstances where Section 51 of the Sex Discrimination Act 1975 does not apply; and
Whether it is lawful for a self-employed person, intending to appoint anemployee, to decline to employ a six-months pregnant woman on the grounds of her inability to fulfil her duties due to her anticipated absence from work in circumstances where Section 51 of the Sex Discrimination Act 1975 does not apply.
§ The Minister of State, Department for Education and Employment (Baroness Blackstone)In the light of European Court of Justice case law on this issue, it is generally unlawful to decline to employ a pregnant woman in the circumstances described in the Question. Where an employer wishes to recruit an employee for temporary, short-term work the position is undecided. It is lawful to seek such damages through an industrial tribunal under the terms of the Sex Discrimination Act, whatever the stage of pregnancy of the woman and whether or not the prospective employer is self-employed. Tribunals handle large numbers of cases every year where a woman has complained of discrimination against her due to her pregnancy.