Following a claim by a pregnant woman who was made redundant by Spain’s Bankia, the ECJ has ruled that the dismissal was lawful.
What do you need to know
Whilst the dismissal of a pregnant worker is prohibited under the EU Directive 92/85, and covers the time between conception and the end of maternity leave, there are some exceptions.
If a pregnant worker is dismissed, but the reason for the dismissal is not connected to pregnancy, then the move does not infringe upon EU law.
Under EU law, an employer must state in writing the reason for their decision to make a collective redundancy.
They must then inform the pregnant worker of the criteria used to decided who will lose their jobs.
In this case, the dismissed pregnant worker was informed that she had been given a low score in a company assessment.
Lessons learned
The case is not just a reminder of the rights of pregnant workers, but also the importance of documentation.
If you’ve got to make a group of employees redundant, then you need to be clear about the basis for which you are choosing who stays and who goes.
On top of this, you need to be clear with pregnant workers, by communicating with them personally and in writing, that the reason for their redundancy is not based upon their pregnancy. Any ambiguity could be potentially harmful in the long run, so document everything well.
For plain-English, expert advice on any of the above, you can contact Alison here.
