No maternity rights for commissioning mother in surrogacy case – UK Human Rights Blog

Posted March 28th, 2014 in EC law, equality, maternity leave, news, surrogacy by sally

‘The European Court (CJEU) has now considered two requests for preliminary ruling made in proceedings between intended mothers (also referred to as a commissioning mother) who have had babies through a surrogacy arrangement, and their employers concerning the refusal to grant them paid leave following the birth of the babies. It has replied that EU law does not provide for commissioning mothers to be entitled to paid leave equivalent to maternity leave or adoption leave.’

Full story

UK Human Rights Blog, 26th March 2014

Source: www.ukhumanrightsblog.com

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No maternity rights for surrogate parents? – Halsbury’s Law Exchange

‘In the recent cases of CD v ST and Z v A Government Department and the Board of Management of a Community School, the ECJ clarified the EU position regarding the protections and benefits that should be afforded to mothers having children through surrogacy arrangements.’

Full story

Halsbury’s Law Exchange, 26th March 2014

Source: www.halsburyslawexchange.co.uk

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Children and Families Act 2014

Children and Families Act 2014 published

Full text of Act

Source: www.legislation.gov.uk

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Betriu Montull v Instituto Nacional de la Seguridad Social (INSS) – WLR Daily

Betriu Montull v Instituto Nacional de la Seguridad Social (INSS) (Case C-5/12); [2013] WLR (D) 354

“Council Directives 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding and 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions did not preclude a national measure which provided that the father of a child, who was an employed person, was entitled, with the consent of the mother, who was also an employed person, to take maternity leave for the period following the compulsory leave of six weeks which the mother had to take after childbirth except where her health would be at risk, whereas a father of a child who was an employed person was not entitled to take such leave where the mother of his child was not an employed person and was not covered by a State social security scheme.”

WLR Daily, 19th September 2013

Source: www.iclr.co.uk

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CPD guidance for barristers taking parental leave – Bar Standards Board

Posted September 11th, 2013 in barristers, codes of practice, maternity leave, parental rights, press releases by tracey

“The Bar Standards Board has produced a new Continuing Professional Development (CPD) guide to assist barristers who are taking, or are planning to take, a period of parental leave.”

Full press release

Bar Standards Board, 6th September 2013

Source: www.barstandardsboard.org.uk

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No sick pay, no maternity pay: Chancellor targets employers’ tax loophole that damages teachers’ and nurses’ rights – The Independent

Posted March 18th, 2013 in budgets, children, income tax, maternity leave, national insurance, news, sick leave by sally

“A tax loophole which allows firms to dodge around £100 million a year in National Insurance will be closed in the Budget, it was announced.”

Full story

The Independent, 16th March 2013

Source: www.independent.co.uk

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Family Rights at Work – Cloisters

Posted February 15th, 2013 in employment, families, flexible working, maternity leave, news, paternity leave by sally

“The Government has published its response to the ‘Modern Workplaces’ consultation on the overhaul of family rights at work, including shared parental leave, extended flexible working and new rights for surrogate parents. Rachel Crasnow explains the issues.”

Full story

Cloisters, 17th January 2013

Source: www.cloisters.com

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Government plans for radical overhaul of family law would do little to help improve lives of vulnerable children, warn charities – The Independent

“Charities warned that Government plans for a radical overhaul of family law including the introduction of shared parental leave would do little to help improve the lives of the most vulnerable children.”

Full story

The Independent, 5th February 2013

Source: www.independent.co.uk

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Government acts to remove “gender bias” on parental leave and flexible working – OUT-LAW.com

“A new system of shared flexible parental leave will allow parents to choose how they share childcare responsibilities in the first year after a child’s birth, the Government has announced.”

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OUT-LAW.com, 13th November 2012

Source: www.out-law.com

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Surrogacy mother launches maternity leave challenge – Daily Telegraph

Posted March 19th, 2012 in EC law, maternity leave, news, sex discrimination, surrogacy by sally

“A mother who had a baby through a surrogate has launched landmark legal action for the right to paid maternity leave.”

Full story

Daily Telegraph, 18th March 2012

Source: www.telegraph.co.uk

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Woman doctor wins £4.5 million for being fired after having a baby – Daily Telegraph

Posted December 16th, 2011 in damages, maternity leave, news, race discrimination, sex discrimination by tracey

“Dr Eva Michalak has won £4.5 million in compensation after her bosses mounted a campaign against her when she fell pregnant.”

Full story

Daily Telegraph, 16th December 2011

Source: www.telegraph.co.uk

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Will sharing parental leave be fair? – Daily Telegraph

Posted May 19th, 2011 in maternity leave, news, parental rights, paternity leave by tracey

“Employers that offer generous maternity pay packages could land themselves in legal hot water if they fail to extend the benefit to fathers, experts have warned.”

Full story

Daily Telegraph, 19th May 2011

Source: www.telegraph.co.uk

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Vince Cable unveils plans for mothers and fathers to share parental leave – The Guardian

Posted May 16th, 2011 in consultations, maternity leave, news, paternity leave by sally

“The government is to begin consulting on plans to give both parents an extra month of leave during a baby’s first year and share out caring responsibilities.”

Full story

The Guardian, 16th May 2011

Source: www.guardian.co.uk

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Borger v Tiroler Gebietskrankenkasse – WLR Daily

Posted March 17th, 2011 in benefits, domicile, EC law, employment, law reports, maternity leave by sally

Borger v Tiroler Gebietskrankenkasse (Case C-516/09); [2011] WLR (D) 89

“The status of an ‘employed person’, within the meaning of article 1(a) of Council Regulation (EEC) No 1408/71, as amended , applied to a person during a six-month period of extended unpaid leave following the birth of a child, provided that, during that period, that person was covered, even if only in respect of a single risk, on a compulsory or optional basis, by a general or special social security scheme mentioned in article 1(a) of that Regulation.”

WLR Daily, 10th March 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

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A fifth of female lawyers choose kids over careers – The Lawyer

Posted February 9th, 2010 in employment, legal profession, maternity leave, news, women by sally

“The pressure of motherhood is the reason that 20 per cent of all female departees decide to leave some of the UK’s top 50 firms.”

Full story

The Lawyer, 8th February 2010

Source: www.thelawyer.com

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The Big Question: Do we need to change the rules on maternity and paternity leave? – The Independent

Posted March 31st, 2009 in maternity leave, news, paternity leave by sally

“Why are we asking this now?

The Equality and Human Rights Commission (EHRC) has called for a dramatic change in parental leave arrangements to ensure that fathers and lower-income parents are better served. The Commission insists that mothers and fathers should be able to share the leave allowance to give men more time with their children while both maternity and paternity pay should be raised to encourage low income families to take advantage of the benefit.”

Full story

The Independent, 31st March 2009

Source: www.independent.co.uk

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UK warns over EU maternity plan – BBC News

Posted March 13th, 2009 in EC law, maternity leave, news by sally

“The UK will not accept any EU proposal for women to have the right to be paid their full salary while on maternity leave, minister Pat McFadden has said.”

Full story

BBC News, 12th March 2009

Source: www.bbc.co.uk

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The Big Question: Are equality laws backfiring, with employers reluctant to hire women? – The Independent

Posted July 16th, 2008 in equality, flexible working, maternity leave, news, women by sally

“The head of the Equalities and Human Rights Commission, Nicola Brewer, has just announced that recent and future improvements to maternity pay may, ironically, be backfiring on women by making employers wary of hiring and promoting them. The industrial neanderthal Sir Alan Sugar has added fuel to the fire by claiming recently that many employers bin the CVs of women of childbearing age without even considering their job applications.”

Full story

The Independent, 15th July 2008

Source: www.independent.co.uk

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Paid maternity leave does us no favours either, say fathers – The Times

Posted July 15th, 2008 in flexible working, maternity leave, special report by sally

“A benefit that enriches family life or a burden that sabotages women’s careers? Nicola Brewer’s claim that the extension of maternity leave and parental rights has hampered women’s employment chances has drawn praise and criticism in equal measure.”

Full story

The Times, 15th July 2008

Source: www.timesonline.co.uk

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