CJEU rules on nature of night work and protection of pregnant workers

In C-41/17 the Court rules that -

’... in the first place, that Directive 92/85 [on the safety and health of pregnant workers and workers who have recently given birth or are breastfeeding] applies to a situation where the worker concerned does shift work during which only part of her duties are performed at night…

In the second place, the Court finds that the rules of reversal of the burden of proof laid down in Directive 2006/54 apply to a situation such as that of [the claimant], provided that the worker concerned adduces factual evidence to suggest that the risk assessment of her work did not include a specific assessment taking into account her individual situation and thus permitting the presumption that there is direct discrimination on the grounds of sex, within the meaning of that directive.’