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Interaction of Maternity and Collective Redundancies directives

Stuart
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Press release for the Advocate General Opinion in CJEU case C-103/16 (Guisado) - relating to a Spanish worker selected for redundancy while pregnant - reports -

‘According to Advocate General Sharpston, a collective redundancy does not always qualify as an “exceptional case” permitting the dismissal of a pregnant worker. In the context of a collective redundancy the dismissal of pregnant workers may only occur in exceptional cases not connected to the pregnancy and when there is no plausible possibility of reassigning them to another suitable post.’

https://curia.europa.eu/jcms/upload/docs/application/pdf/2017-09/cp170099en.pdf

Stuart
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Total Posts: 890

Joined: 21 March 2016

Court of Justice of the European Union judgment in case C-103/16 (Guisado) rules that Directive 92/85 does not preclude national legislation which allows an employer to dismiss a pregnant worker in the context of a collective redundancy.

https://curia.europa.eu/jcms/upload/docs/application/pdf/2018-02/cp180015en.pdf