Court drops appeal over pregnant trainee payments

The government today had to abandon a legal challenge against three trainee midwives whose bursary payments were suspended when they took leave to have babies after it emerged that the case had already been settled.

The Department of Health had sought to challenge a sex discrimination ruling handed down by the employment appeal tribunal last June in a case backed by Unison, the Royal College of Midwives, the Maternity Alliance and the Equal Opportunities Commission.

The court of appeal ruled last year that Clare Fletcher, Tracey Parkes and Shelley Wilkinson, whose bursaries were cut, were entitled to the full payment of £5,859, or £6,859 in London.

While challenging the ruling, the department also settled the case for the pregnant trainees and put in place interim arrangements to protect students in the same situation.

Judges at the high court today called a halt to the government's challenge because there was no longer a "live issue" to be contested.

Speaking from the high court, Clare Fletcher said: "I am very relieved that the case is over and the employment appeal tribunal's decision has been upheld. It's been a long and difficult journey but I am proud that our case has already benefited over 400 students and will protect health students into the future."

Unison described the government's failed appeal as "a breakthrough for trainee health workers across the country". Gail Adams, Unison's head of nursing, said: "Only a small minority of health workers become pregnant while they are training, but the decision will help student nurses, paramedics, radiographers and occupational therapists as well as midwifery students stay the course - in fact anyone who qualifies for an NHS bursary will benefit. "Unison has been campaigning for years for maternity rights for trainees in the NHS. We want an end to the bursary system and decent pay so that students don't come out of training burdened with thousands of pounds worth of debts that they then struggle to clear."