Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

The European Court of Justice (“ECJ”) has held in Guisado v Bankia SA and others Case C-103/16 ECJ  that pregnant women are not legally entitled by virtue of EU law to special protection in collective redundancy situations.

The factual background of Guisado v Bankia SA and others

In January 2013 Bankia SA (a Spanish company) began consulting with employee representatives about a collective redundancy situation. It agreed redundancy selection criteria with the employee representatives and, in November 2013, the company informed Ms Guisado, who was pregnant at the time, by letter that she was being made redundant.  The letter that she was sent stated that staff numbers were being significantly reduced and that Ms Guisado had received a low score under the redundancy selection criteria. At the time that Bankia SA decided to make Ms Guisado redundant the relevant decision-maker was unaware of her pregnancy. Ms Guisado was subsequently dismissed and brought a claim of pregnancy discrimination in the local Spanish court.

Ms Guisado was unsuccessful with her claim in the Social Court (the local Spanish court) and appealed the decision to the Catalonian High Court of Justice. The Catalonian High Court subsequently asked the ECJ for clarification on: 1) its interpretation on the dismissal of workers who are pregnant and workers who are on maternity leave, save in exceptional cases where the dismissal is not connected with the relevant worker’s pregnancy or maternity leave (under Article 10 of the Pregnant Workers Directive (92/85/EC); and 2) its view of the interaction between the provisions of Article 10 of the Pregnant Workers Directive and the provisions of the Collective Redundancies Directive (98/59/EC).

The decision of the European Court of Justice

The ECJ held:

  1. That the wording of the Pregnant Workers Directive does not prevent national legislation which would allow the dismissal of pregnant workers through a collective redundancy process;
  2. That a dismissal taken at some point between the beginning of a worker’s pregnancy to the end of her maternity leave for reasons that are unconnected with the worker’s pregnancy is not contrary to Article 10 as long as: 1) the employer gives “substantiated grounds” for the dismissal in writing; and 2) the dismissal of the relevant employee is permitted under national legislation and/or practice

The ECJ further clarified that in situations where employers wished to make an employee who was pregnant or on maternity leave redundant it must:

  1. Set out in writing the reasons for making her redundant (an “ETO” reason i.e. for economic, technical or organisational reasons); and
  2. Inform the relevant worker (who is pregnant or on maternity leave) of the objective selection criteria which are being used to identify which workers will be made redundant

Our solicitors’ comments on Guisado v Bankia SA and others

Chris Hadrill, a specialist employment solicitor at Redmans, commented on the case: “Under UK law priority treatment is given to women who are placed at risk of redundancy whilst they are on maternity leave (this goes further than required under the relevant European Directive); this case clarifies that women are not entitled to special protection in a collective redundancy simply by virtue of being pregnant.”

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk. Redmans have offices in Richmond, Chiswick, Hammersmith, Fulham, Kingston, Wimbledon, Ealing, Kings Cross and Marylebone (meetings strictly by appointment only).

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

Our awards

Request a callback

Your name

Your email

Your telephone number

Contact us

Please feel free to discuss your own position and concerns. Contact your nearest office on:

T: 020 3397 3603
E: enquiries@redmans.co.uk
W: www.redmans.co.uk

Testimonials

4.76 Average

103 Reviews

Rob O

Very prompt response and I could not fault the service. My solicitor listened carefully to the details of my case and I felt very confident in the advice I was offered. All emails and work done on my behalf with my former employer was of the highest standard and Redmans helped take a lot of the stress out of the situation for me.

Posted 2 days ago

Mike H

Very professional, friendly, proactive. I would highly recommend Redmans.

Posted 2 days ago

Anonymous

Fantastic and quick service!

Posted 2 days ago

Anonymous

I was very satisfied with Redmans' service. Clear, sensible advice and the bill was in line with their estimate. I would recommend them.

Posted 2 days ago

Eugene A

Excellent communication and guidance provided on the redundancy settlement process. Process was concluded quickly, very satisfied with service.

Posted 2 days ago

Harold d

Great personlised service and quick communication. Solicitor helps greatly in understanding the options and advising best course of action.

Posted 2 days ago

Trish B

Professional and efficient. A pleasure to deal with.

Posted 3 days ago

Omi H

Excellent communication. A tactical negotiator to get the best package for the client. Highly recommended.

Posted 3 days ago

Nicholas S

Very prompt and efficient. Excellent advice.

Posted 3 days ago

Anonymous

Very helpful and always available to help! It was my first time to deal with any solicitors, but I felt very supported until the end!! Well done!! and great Job!!

Posted 1 week ago

Mohamed F

Excellent and professional solicitors, highly recommended

Posted 1 month ago

Anonymous

Redmans Solicitors provided a professional and prompt service in dealing with my settlement agreement. They used their experience to negotiate a better deal for which I am grateful for. I highly recommend their services.

Posted 1 month ago

Cheryl R

Very efficient and friendly lawyers. I have used Redmans twice now and Chris Hadrill has been amazing to work with. Would highly recommend Redmans.

Posted 1 month ago

Anonymous

I found Redmans Solicitors to be extremely professional, dealing with my questions and concerns quickly and in detail. I would have no hesitation in recommending Redmans Solicitors to anyone.

Posted 1 month ago

Anonymous

I requested Redmans services on a redundancy case. Both Chris and Rana were great, thoughtful, very professional and responded quickly. They were very clear throughout the entire process, regarding the process and my options and I couldn't feel I had better legal advice for my case. Overall excellent service and I would certainly recommend and use their services again.

Posted 1 month ago

Anonymous

Responsive, patient, thorough and personable - an excellent service.

Posted 1 month ago

Anonymous

The team at Redmans, Chris Hadrill and Sacha Barrett were always very helpful and had expert knowledge to assist me during my employment law matter, I would not hesitate to recommend them to all!

Posted 1 month ago

Arun T

Chris was punctual, attentive and accurate. He answered my questions with clarity and avoided dubiosity. I would recommend him to anyone seeking legal advice within his remit.

Posted 1 month ago

Yulian Z

Great service

Posted 1 month ago

Anonymous

Excellent, professional service and a speedy resolution. Many thanks

Posted 1 month ago

Taral P

Sacha and Chris were both very helpful in closing out my matter. Sacha was very clear in helping me understanding the documents I needed reviewing, providing a professional service throughout.

Posted 1 month ago