This selection of recent judgements all have relevance for most employers.

• Pay rises should be included when calculating the amount of maternity pay.

The European Court of Justice recently held that this is the case for any pay rise awarded to a pregnant woman from the beginning of the pay reference period for statutory maternity pay to the end of maternity leave, regardless of whether the pay rise is back dated to the reference period. The Court of Appeal added that, under the Equal Rights Act 1970, no male comparator is required for a claim that a woman has not been paid an increase due to her pregnancy.

• What action is necessary following the death of a dependant?

In a recent case an employee complained of automatic unfair dismissal when her employer refused her compassionate leave after the death of a relative. However, the EAT held that while ?action which is necessary? includes the right to time off to deal with an emergency following a bereavement ? such as registering the death or making funeral arrangements ? it does not include compassionate leave.

• Failure in childcare arrangements - a valid reason to take leave for dependents?

An employer refused a day's leave he asked for when his babysitting arrangements fell through, took the leave anyway, for which he was then disciplined. The EAT held that since the employer knew the day off was for childcare reasons, reasonableness, was not applicable. It would, however, be relevant in considering the amount of leave the employee had taken off for childcare reasons.

July/August 2005