The Constitutional Court Protects A Dismissed Employee Although The Company Was Unaware of Her Pregnancy

26 September 2008

The ruling, handed down on July 2008, is a turning point in the interpretation of the laws protecting pregnant women facing dismissal and increases safeguards in effect from the very beginning of the pregnancy.

For the Constitutional Court, the current law does not require either the company’s awareness of the pregnancy or, much less, prior notification of the pregnancy by the employee in order to declare the pregnant employee’s dismissal null and void. Therefore, the pregnant woman’s dismissal is determined to be automatically null as long as the employee can provide proof of the pregnancy and the dismissal was not justified for non-pregnancy related reasons.

For further information, please contact Ana Gómez Hernández: agomez@mmmm.es