A man who tried to argue that he was dismissed because of his association with his pregnant partner could not pursue a pregnancy discrimination claim under the Sex Discrimination Act 1975. The EAT ruled that the current legislation clearly did not offer protection against "associative" pregnancy discrimination, and did not refer the case to the ECJ.

The EAT was not required to consider how the provisions of the Equality Act 2010, which replaced the current legislation on 1 October 2010, would apply to the case. However, the EAT commented that it was "not entirely clear" whether the provisions prohibiting associative discrimination under the Equality Act 2010 could be read as making associative pregnancy discrimination unlawful.

Kulikaoskas v MacDuff Shellfish and another