Press Release: Advocate General’s Opinion in Case C-103/16. Jessica Porras Guisado v Bankia SA, Fondo Garantía Salarial and Others

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.