HL Deb 04 November 1997 vol 582 cc278-9WA
Lord Vinson

asked Her Majesty's Government:

Whether Tribunal Case 13528 taken at Stratford SE1 in May 1997 sets a new precedent in the application of European law in the United Kingdom.

The Minister of State, Department of Trade and Industry (Lord Clinton-Davis)

Industrial tribunal decisions do not set legal precedent and are not binding on any other court or tribunal.

Lord Vinson

asked Her Majesty's Government:

In the light of Tribunal Case 13528 taken at Stratford SEI in May 1997, what steps they will take to prevent mischievous applications by pregnant women in order to obtain financial gain from provisions intended for their protection.

Lord Clinton-Davis

As the noble Lord will be aware from Lord Simon's answer to his question on 21 October (Official Report, col. 212), I cannot comment on individual industrial tribunal decisions. However, I can confirm that case law from the European Court of Justice has already determined that it is unlawful discrimination to refuse a woman employment on the ground of her pregnancy, or to dismiss an employee on the ground of her pregnancy. It is therefore open to people who believe that their employment rights have been infringed to make an application to the tribunal. The tribunal will consider each case on its own merits in the light of the relevant law.