Alabaster (Social policy) [2004] EUECJ C-147/02 (30 March 2004)

Alabaster (Social policy) [2004] EUECJ C-147/02 (30 March 2004)

Article 119 EC requires that any pay rise awarded between the beginning of the reference pay period and the end of maternity leave must be included in the calculation of statutory maternity pay, regardless of whether the pay rise is backdated.

Source-derived case information.

Citation
[2004] EUECJ C-147/02
Parties
Applicant: Mrs Alabaster; Respondent: Woolwich plc; Respondent: Secretary of State for Social Security
Jurisdiction
European Union
Judgment Date
30 March 2004
Procedural Posture
Preliminary Ruling / Judgment
Outcome
Preliminary ruling issued
Legal Topics
Statutory Maternity Pay, Equal Pay, Sex Discrimination, Interpretation of Article 119 EC, Directive 92/85/eec, Directive 75/117/eec
European Union Law Employment Law Equality Law Statutory Maternity Pay Equal Pay Sex Discrimination Interpretation of Article 119 EC Directive 92/85/eec +1 more

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Parties

Mrs Alabaster

Applicant

Woolwich plc

Respondent

Secretary of State for Social Security

Respondent

Procedural Posture

Preliminary Ruling / Judgment

Legal Issues

  1. 1 Whether Article 119 EC and Gillespie require pay rises awarded after the reference period but before the end of maternity leave to be included in statutory maternity pay calculations
  2. 2 Whether the timing of the pay rise affects entitlement
  3. 3 How pay rises should be accounted for in calculating maternity pay

Ratio Decidendi

Article 119 EC requires that any pay rise awarded between the beginning of the reference pay period and the end of maternity leave must be included in the calculation of statutory maternity pay, regardless of whether the pay rise is backdated.

Court Disposition

Preliminary ruling issued

Orders

  • Article 119 EC requires inclusion of pay rises awarded between reference pay period and end of maternity leave in statutory maternity pay calculation.
  • Implementation details are for national authorities, subject to compliance with Community law and Directive 92/85/EEC.