Somerville v Gell Retail Limited Posted In: Case Law
Legal BodyEquality Tribunal
Type of Claim / JurisdictionUnfair Dismissal, Discrimination and Equality
This is yet another pregnancy related dismissal claim upheld, indicating how high the barrier is set to show that a dismissal while pregnant is not related to the pregnancy.
In this Decision the Equality Officer refers to previous case law from the CJEU (Webb v Emo Air cargo, Brown v Rentokill, and Dekker) and quoted the Labour Court EDA 095: “only the most exceptional circumstances not connected with the condition of pregnancy allow a woman to be dismissed while pregnant. It is equally well settled law that the dismissal of a pregnant woman (which can obviously only apply to a woman) raises a prima facie case of discrimination on the gender ground. Once such a case
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