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Case update (1): Sex discrimination – pregnant workers

What do we already know?

We updated you in our October 2017 Newsletter Case update (2): Sex discrimination – Pregnant workers on the case of Porras Guisado v Bankia SA.

The Opinion of the Advocate General in this case was that pregnant workers are protected from the beginning of their pregnancy even if they have not yet informed their employer that they are pregnant.

What’s new?

The CJEU has now made a decision on the above case, available here.

To the relief of UK employers, the CJEU did not address the issue of protection from start of pregnancy.  Therefore there was no finding on this point and the current position remains unchanged; a pregnant worker will not benefit from statutory protection on account of pregnancy until her employer is made aware that she is pregnant.

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