In Porras Guisado v Bankia S.A., Fondo de Garantía Salarial, the ECJ held that EU law does not prevent the dismissal of a pregnant worker in the context of a collective redundancy. While dismissal for reasons connected with the worker’s pregnancy would contravene EU law, dismissal for redundancy during the period from the beginning of pregnancy to the end of the maternity leave is not unlawful if the employer sets out in writing: (i) the economic, technical or organisational reasons justifying the redundancy and (ii) the objective criteria chosen to identify the workers to be made redundant. Under S.92(4) of the Employment Rights Act 1996, pregnant employees and those on maternity leave are entitled to written reasons for dismissal regardless of length of service. Employers should ensure they comply with requirements (i) and (ii) in redundancy situations.
This update provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgements made in every aspect of the case. Click on the links to access full details. If no link is provided, contact us for more information. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.