The European Court of Justice's (EJC) approach to pregnancy cases has been criticised, particularly for its lack of coherance. This paper reviews the area and finds that the ECJ has woven two separate strands, the first in relation to protection against dismissal and other detriment, and the second in respect of terms and conditions during maternity leave. It is argued that these strands are intertwined by a purposive, non-comparative methodology and that the result provides a basis for a fair and coherent scheme for the protection of the pregnant worker. The central principle is that the pregnant worker is in a unique or special position, not to be compared with a man nor with a non-pregnant woman. However, this methodology has its limits and the question of statutory maternity pay remains problematic. The Government's proposals for reform do not deal with maternity pay and it is concluded that the Pregnant Workers Directive (PWD), read in conjunction with domestic legislation, prevents the courts from taking a public policy decision to lift the floor of statutory rights in this area.
International Journal of Comparative Labour Law and Industrial Relations