Some midwives were trainees, but had to suspend their training due to pregnancy. The NHS stopped their bursaries for the period when they were not in training. EAT held that this constituted sex discrimination as the women had been treated less favourably due to their being pregnant. In the present case, but for their pregnancies, the claimants would not have been absent. Their absence resulted in the termination of their bursary payments which caused the discrimination.
Cox J: Men who were off work sick were given better treatment. Although the ruling in Webb established that there is no need for women to draw a comparison to male colleagues who take time off for illness, it does not prevent them from doing so where it is necessary for them to be able to draw a comparison highlighting the discriminatory treatment.