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Last Updated: Tuesday, 3 May 2005, 09:08 GMT 10:08 UK
Mother's win in landmark pay case
A woman who claimed she was underpaid during maternity leave has won a nine-year legal battle which has been seen as a landmark case across Europe.

Michelle Alabaster started her case against Barclays Bank at an employment tribunal in Ashford, Kent, in 1996 when she was pregnant with her daughter.

Mrs Alabaster claimed a recent pay rise of just over £200 had not been included in calculations for her maternity pay.

The Court of Appeal ruled on Tuesday she should have got the full amount.

'Thousands will benefit'

Mrs Alabaster was working for the Woolwich Building Society, since taken over by Barclays, when she became pregnant.

She claimed the pay rise of £204.53 should have been included in her maternity pay and that her employers were breaking European sex discrimination law by underpaying her.

After her original employment tribunal, Mrs Alabaster took the case to an employment appeal tribunal, the Court of Appeal and then the European Court of Justice in Luxembourg.

The European court ruled in her favour and on Tuesday the Court of Appeal ruled English law as well as European law allowed her to receive the extra payment.

I am proud that I have fought for what is right
Michelle Alabaster

Mrs Alabaster was awarded the £204.53 plus £65.86 interest.

She said: "Pregnancy is a really expensive time for new mums and it is hard making ends meet - I am proud that I have fought for what is right.

"Thousands of women will benefit from what I have done."

Her case was supported by the Equal Opportunities Commission, whose chairman Julie Mellor said the ruling closed a legal loophole.

She said: "Mrs Alabaster's nine-year marathon battle to claw back a £200 pay rise she was due in her maternity pay sets a precedent for women bringing equal pay claims whilst on maternity leave.

"This case demonstrates that Britain's equal pay legislation needs an overhaul and we are delighted that the court has recognised that women on maternity leave do not need to find a male comparator when bringing equal pay claims."


SEE ALSO:
Maternity pay boost for mothers
05 Apr 04 |  Business


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