HL Deb 03 November 1997 vol 582 cc272-3WA
Lord Vinson

asked Her Majesty's Government:

Whether Tribunal Case 13528 taken at Stratford SE1 in May 1997, where a small health shop owner was ordered to pay £2,000 damages for turning down a job applicant who was six months pregnant and unwilling to lift heavy loads, sets a precedent under the Sex Discrimination Act whereby a pregnant woman can sue a potential employer for refusing to engage her by reason of her incapacity from her pregnancy to do work; and

Whether Tribunal Case 13528 taken at Stratford SE1 in May 1997 leaves any employer the right to deny a pregnant woman a job, even if her pregnancy precludes her from doing the work he is offering.

The Minister of State, Department for Education and Employment (Baroness Blackstone)

The noble Lord will be aware that industrial tribunal findings do not set legal precedents. The Sex Discrimination Act 1975 made it unlawful to discriminate against a woman by refusing to employ her. Following clear case law from the European Court of Justice, this means that it is unlawful discrimination to refuse a woman employment on the ground of her pregnancy. However, Section 51 of the Sex Discrimination Act 1975 may provide a defence to a charge of unlawful discrimination if an act was necessary in order for that person to comply with a relevant statutory provision in the Health and Safety at Work Act 1974 (which requires employers to ensure the health, safety and welfare at work of their employees). Each case will need to be decided on its particular facts.

Lord Vinson

asked Her Majesty's Government:

In the event that Tribunal Case 13528, taken at Stratford SE1 in May 1997, complies with European law, whether they will reconsider exempting potential employers who employ less than five people from such provisions, and take the appropriate steps to seek such a change.

Baroness Blackstone

It is not appropriate for me to comment on the decision of an industrial tribunal in any particular case. Section 6 of the Sex Discrimination Act 1975 used to contain an exemption for employers with less than five employees, but this exemption was repealed following a decision by the European Court of Justice in 1983 that held it to be in breach of the European Equal Treatment Directive. The Government have no plans for further changes.