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

124 Reviews

Brittany

I was very grateful for Redmans to treat my case with respect and discretion. At the time, I was very new to London and it was meaningful to have someone on my side and win the case for me. Without any doubt, I would definitely recommend Redmans Solicitors to anyone who is in need of it.

Posted 5 days ago

Jake L

Chris is very professional and calm. Very attentive and patient, been a positive experience having Chris represent me, and would recommend him.

Posted 1 month ago

Anonymous

Excellent service. It was a pleasure to work with Chris H, who is brilliant at what he does and very efficient. Their Senior Associate Rana T. is also very knowledgeable and resolves any queries speedily and efficiently. My issue could unfortunately not be resolved, but that was due to my employer and not the firm. Redmans however did all they could. I would definitely recommend them.

Posted 1 month ago

Anonymous

Very pleasant and quick to deal with. Mnay thanks.

Posted 1 month ago

Anonymous

Easy to get hold of. Quick.

Posted 2 months ago

Owen J

Very helpful, efficient service.

Posted 2 months ago

Anonymous

I am very lucky that I worked with Mr. Chris Hadrill and he managed my case very progressively with an analytical approach and trustfully. Of course with a very positive result. I strongly recommend Mr. Hadrill to any one seeking for a successful result from a highly qualified solicitor.

Posted 2 months ago

Kulbir S

Amazing, quick friendly service from Chris from the start and Caroline. They made me feel at ease during a difficult time, they understood and advised accordingly and I am really happy with the outcome of my case. Will always advise anyone who needs legal advice to contact Redmans, I’m so glad that I did and can confidently say I don’t think any other firm could have handled my case any better. Well done guys, wish you all the best and please keep doing what your doing, simply the best!

Posted 2 months ago

Mark A

Excellent service - rapid and “to the point” advice given to ensure meeting the target time frame

Posted 2 months ago

Anonymous

Chris Hadrill kept me sane during the negotiations with my employer. He was courteous professional and he cared about doing the best he could for me. I will use Redmans again if ever I need an employment solicitor. Excellent service.

Posted 2 months ago

Muhammad Z

Awesome services. Professionals at their best .

Posted 2 months ago

Anonymous

Thanks for the advice and for negotiating a good outcome. Good to have the support at a very stressful time

Posted 2 months ago

Chloe F

My solicitor at Redmans was very helpful and efficient. Really pleased with the smooth service.

Posted 2 months ago

Anonymous

Chris was absolutely excellent. Clear and concise, offering sound advice.

Posted 2 months ago

Tim O

Experienced and competent advisors

Posted 2 months ago

Rachel A

Quick and expert assistance. I would highly recommend Chris for any of your legal needs.

Posted 2 months ago

Joe S

I was very happy with the service provided by Chris and the team at Redmans Solicitors. I felt very comfortable discussing all matters with Chris and am very grateful for all the help and guidance I was given throughout the whole process. I would definitely recommend Redmans Solicitors to friends and family!

Posted 2 months ago

Anonymous

I had a very good experience working with Chris Hadrill during a difficult and emotional time. This held true from the moment I spoke to him on the phone, to the end of the process. Overall, he was attentive, professional and highly supportive. He provided sound advice and clarity. It was the reviews that led me to Redmans! I was very happy to know they were all true. I highly recommend working with Redmans Solicitors. Thank-you to the entire team!

Posted 2 months ago

Anonymous

Good service

Posted 3 months ago

Anonymous

Excellent professional service. Highly recommend.

Posted 3 months ago

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 3 months ago