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

176 Reviews

Mohamed A

Super helpful and efficient, trustworthy service

Posted 2 days ago

Anonymous

efficient, responsive and effective

Posted 3 days ago

Andrew B

Very good service

Posted 3 days ago

Anonymous

Excellent service, compassionate and a good outcome

Posted 4 days ago

Anonymous

I had an employment issue which required legal advice. Chris was very supportive and knowledgeable, resulting in an optimum resolution in my favour. Would definitely recommend.

Posted 1 week ago

David M

Very professional and first-rate advice. I would use again. With thanks,

Posted 1 week ago

Anonymous

Got the job done swiftly without going too much in to detail.

Posted 1 week ago

Derek W

Redmans dealt with my case very efficiently and I was happy with the outcome.

Posted 1 week ago

Anonymous

Timely professional advice!

Posted 2 weeks ago

Anonymous

Very good service

Posted 2 weeks ago

Anonymous

I was in contact with Chris and then worked with Caroline on an employment matter. I was very pleased with the service and professionalism throughout, and came away with satisfied with the outcome. Would happily recommend.

Posted 2 weeks ago

Nikki

Received advice re employment law. Chris was very helpful and advised accordingly. Would happily recommend them and if ever I need help again, will not think twice before using them.

Posted 3 weeks ago

Samantha K

Absolutely brilliant thank you. Caroline Lewis is a legend

Posted 2 months ago

Anonymous

The legal advice was clear and helpful.

Posted 2 months ago

Davinder P

Good Service

Posted 2 months ago

Adrian V

I was using Redmans services for a Settlement Agreement. Very quick and professional service. The outcome was favourable and I was very pleased with the amendments and results. Pretty glad to recommend them for any type of legal advice.

Posted 2 months ago

Anonymous

Very responsive, efficient, clear and supportive. Thank you! Highly recommend.

Posted 2 months ago

Tiago S

Chris was always prompt to help me with legal matters that are beyond my comprehension and very helpful leasing with my former employer. I would recommend Redmans Solicitors to everyone who needs help.

Posted 2 months ago

Anonymous

Fast and professional advice tailored to what was needed. Thanks for your help Chris Hadrill and team.

Posted 2 months ago

Peter S

Really pleased with the outcome and the advice I had from Chris and Sacha.

Posted 2 months ago

Harika A

Redmans solicitor's helped me with my settlement agreement, Chris has been very helpful throughout the process.He was very prompt in his responses and made my settlement look simple.Special thanks to Caroline for her efficient communication, thorough explaination of contract terminology and negotiations.I highly reccommend Redmans solicitors for anyone seeking employment related legal help.

Posted 2 months ago