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 selecting those to be made redundant. 

Ms Porras, who was pregnant