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Chapter 11
Sex, pregnancy and maternity discrimination
[ch 11: page 390]Under section 99, ERA 96, it is automatically unfair to dismiss an employee because of pregnancy, childbirth, maternity, or because she takes or asks to take maternity leave.
Employers must consult adequately with women at risk of redundancy throughout maternity leave. Failure to do this is likely to amount to maternity discrimination (see Blundell v Governing Body of St Andrews Catholic Primary School [2007] UKEAT/0329/06/1005).