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Sex discrimination: Dismissal of pregnant women on fixed-term contracts constituted sex discrimination

This report relates to 2 case(s)

In Jiménez Melgar v Ayuntamiento de Los Barrios [2001] IRLR 848 and Tele Danmark A/S v Handels-og Kontorfunktionærernes Forbund i Danmark (HK) (acting for Brandt-Nielsen) [2001] IRLR 853, the European Court of Justice holds that the prohibitions against the dismissal of pregnant workers, women who have recently given birth and breastfeeding mothers on the ground of their condition, as laid down in the Pregnant Workers' and Equal Treatment Directives, also applied in the case of such women who were employed under fixed-term contracts. The prohibitions in the Directives applied where the non-renewal of such a contract was motivated by the worker's state of pregnancy, where non-renewal amounted to a refusal of employment, and where the woman failed to inform the employer of her pregnancy at the time the fixed-term contract was concluded, even though she was aware of this, and even though, because of her pregnancy, she was unable to work during a substantial part of the term of the contract.