Restriction of civil liability for breach of statutory duty
[F24 22.—(1) Breach of a duty imposed by regulation 16, 16A, 17 or 17A shall, so far as it causes damage, be actionable by the new or expectant mother.
(2) Any term of an agreement which purports to exclude or restrict any liability for such a breach is void.F24]
“new or expectant mother" means an employee who is pregnant; who has given birth within the previous six months; or who is breastfeeding;
Defined in reg.1 · see it in the full RegulationsThe regulation was relied upon only to confirm that breach of the Regulations did not confer a civil right of action, subject to immaterial qualifications. (see para [111])
Applies Regulation 22 as excluding a civil right of action for breach of duties imposed by the Regulations. The 2003 substitution was not retrospective, so the claimant had no statutory damages claim for the 2002 events (see paras [290]; [306]; [314]-[322]).
Applies regulation 22(1) to exclude reliance on breach of the regulatory duty as establishing civil liability in these proceedings. (see para [52])
What each judgment says about regulation 22 is in the case-law panel in the full Regulations.