Jessica Porras Guisado v Bankia S.A., Fondo de Garantía Salarial and Others [2018]

Posted In: Case Law
  • Case Reference
    Case C-103/16
  • Legal Body
    Court of Justice EU (CJEU/ECJ)
  • Type of Claim / Jurisdiction
    Redundancy, Discrimination and Equality
Issues covered: Collective Redundancy; Pregnant Worker; Interpretation of Directive 92/85; Reasons for Redundancy; Objective Criteria; Priority Status

In the case of Jessica Porras Guisado v Bankia S.A., Fondo de Garantía Salarial and Others the European Court of Justice ruled that an organisation can make a pregnant employee redundant provided the employer relays the reasoning for redundancy in writing and that those concerned are informed of the objective criteria chosen to identify the workers to be dismissed.

The employee in question worked for the Spanish company Bankia. The company was experiencing difficulties necessitating cut backs. It opened a period of consultation with its workers’ representatives with a view to carrying out a collective redundancy and a special negotiating body determined the criteria to be applied when

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This article is correct at 23/02/2018

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