Abstract
definitively on the matter.20 Looking at the 1993 Labour Force Survey, the number of women compared with men engaged upon temporary fixed term contracts is approximately 3:1. It is arguable that the impact of this ruling is a form of indirect discrimination, since a greater number of women than men are affected by the lack of protection afforded to them by this interpretation of the Sex Discrimination Act 1975. However, the Court would probably be favourable to a defence of such policy if it was based upon objective grounds unrelated to sex discrimination.21 It is important that EC law does not allow the justification of such forms of pregnancy-related discrimination since there are a number of reasons why women may want to resort to the sex discrimination legislation rather than the unfair dismissal legislation, as well as other situations falling short of dismissal where a woman suffers pregnancy-related discrimination. For example, there is no statutory limit to the amount of compensation awarded, compensation can be awarded under a wide range of heads (such as injury to feelings), and the questionnaire procedure can be used to discover information from the employer.
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