Ms McKenna was off sick while pregnant. She argued that it was unlawful sex discrimination for her employer to pay her only occupational (contractual) sick pay, and to reduce her sick pay, in line with the contractual sick pay policy. The ECJ confirmed that reducing a woman’s pay in line with a contractual sick pay policy when she is absent with a pregnancy-related illness is not sex discrimination. An employer is entitled to calculate a pregnant employee’s sick pay in the same way as it would for any other employee absent for any kind of illness.

North Western Health Board v McKenna [2005] IRLR 895