Employment rights update – March 2016

This month we take a look at cases on pregnancy and maternity discrimination and whistleblowing.

Peninsula Business Services Ltd v Donaldson

PBS ran a salary sacrifice scheme whereby employees could elect to receive childcare vouchers on the condition that this benefit would stop during Maternity leave.

D brought a claim of pregnancy and maternity discrimination against her employer PBS.

Employment Tribunal Ruling

The ET initially ruled in favour of D. It held that women on maternity leave should still be entitled to non-pay benefits under the Maternity and Parental Leave Regulations 1999. In this case the ET found the voucher scheme to be in breach of the 1999 regulations and therefore discriminatory.

The ET cited guidance from HMRC which stated that during ordinary maternity leave the company in question must continue to provide any contractual non-cash benefits associated with a salary sacrifice scheme. PBS appealed this judgement.

View the full employment rights legal update.