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.

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