This question is inviting you to demonstrate your knowledge of the law relating to discrimination in relation to sex, especially pregnancy. You might need to cross-reference with the information in chapter 4 when considering your answer. It is also inviting you to describe the measures that exist with regard to parental leave and time off for emergencies.

It would be best if you started off by stating what the statutory position is as contained in the Equality Act 2010.

You should also mention the Pregnancy Directive and the Equal Treatment Directive which, at an EU level, have provided protection for pregnant women and those who have recently given birth. This will give you the opportunity to display your knowledge of some of the key cases, especially Dekker [1991] and Brown v Rentokil [1998]. In summary, discrimination against a pregnant woman can be direct discrimination, for which there can be no justification defence. The questions that she was asked at the interview might reveal the possibility of discrimination in the decision-making role of the selection panel. With regard to her present child, Manuella will have the right to parental leave. You have an opportunity here to display your knowledge of the Maternity and Parental Leave Regulations and to describe what Manuella is entitled to, eg 13 weeks’ leave for each child with a maximum of four weeks’ in any one year. You will want to consider relevant cases such as Rodway v South Central Trains Ltd [2005] and Abdoulaye v Régie Nationale des Usines Renault SA [1998].

Finally, you should include the provisions of s 57A ERA, which is concerned with time off for emergencies. Of particular interest will be Qua v John Ford Morrison Solicitors [2003].