The European Court of Justice (ECJ) has ruled that when a pregnant worker is transferred to another role under health and safety rules, she will not retain the salary from her usual role. 

In a recent Finnish case a pregnant air hostess was moved to work as ground staff.  After the change she was only paid a basic salary which was around a third less than her usual salary. The employee argued that under the EC Pregnant Workers Directive and under Finnish law, she was entitled to receive the salary she had been receiving as cabin crew. 

The case was referred to the ECJ and the court held that the employer was right to transfer her to a new role in order to prevent her exposure to health and safety risks.  The court determined that the only requirement is that the payment should be adequate, in that it should be at least equivalent to the payment received by a male or female worker doing the same job. 

The employee was not required to receive the same level of pay she was on before the transfer.  However it is important to note that the allowances an employee receives before she becomes pregnant that are related to her status, seniority or qualifications should still be paid.   

Disclaimer:The information and opinions expressed in all Lee & Priestley LLP articles contained in our briefings and on our website - http://www.leepriestley.com are not necessarily comprehensive and should not be relied upon without taking in-depth professional advice.

• Previous Page