Pregnant workers may be dismissed on grounds of a collective redundancy - Porras Guisado v Bankia S.A. (2018) (C-103/16) [ECJ] 22.02.18 (Unreported)
Reference for a preliminary ruling — Social policy — Directive 92/85/EEC — Measures to encourage improvements in the safety and health of pregnant workers and workers who have recently given birth or are breastfeeding — Article 2(a) — Article 10(1) to (3) — Prohibition of dismissal of a worker during the period from the beginning of her pregnancy to the end of her maternity leave — Scope — Exceptional cases not connected with the pregnant worker’s condition — Directive 98/59/EC — Collective redundancies — Article 1(1)(a) — Reasons not related to the individual workers concerned — Pregnant worker dismissed in the context of a collective redundancy procedure — Reasons for the dismissal — Priority for retention of the post of the pregnant worker — Priority for redeployment. HELD that pregnant workers may be dismissed on grounds of a collective redundancy.Link to judgment
Category: Employment » Pregnancy; Redundancy; Sex discrimination; EC Law. Area(s) of law: Employment.