Postnatal leave and disability

Case 7: The facts

Teacher Shahina Murphy had a heart disorder that made it dangerous for her to undergo a pregnancy, so she had a child through surrogacy in the USA. She asked for postnatal leave equivalent to the maternity leave she would have had if she had borne the child herself. This was refused.

Murphy claimed that this refusal amounted to disability discrimination. The school said the refusal was justified because of its poor financial position.

The ruling

The Employment Appeal Tribunal held that the refusal of leave had been less favourable treatment on the grounds of Murphy's disability, but that this had been justified by the school's financial position.

Murphy v (1) Slough BC (2) Governing Body of Langley Wood School UKEAT/1157/02