In Mayr v Bäckerei und Konditorei Gerhard Flockner OHG  IRLR 387, the ECJ held that the protection afforded by the Pregnant Workers Directive against dismissal on grounds of pregnancy does not extend to a woman undergoing IVF treatment who was dismissed when in-vitro-fertilised ova existed but had not yet been transferred to her uterus. However, if she was dismissed essentially because she had undergone this advanced stage of IVF treatment, her dismissal would amount to direct sex discrimination contrary to the Equal Treatment Directive.
This week's case of the
week, provided by DLA Piper, covers pregnant workers.
Discover the power of XpertHR employment law guidance and best practice at your fingertips. Explore thousands of up-to-date resources that will help you increase your productivity, build your confidence in HR decisions and deliver on your business strategies.
The materials and information included in the XpertHR service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Use of the service is subject to our terms and conditions.
LNRS Data Services Limited trading as XpertHR is an Appointed Representative of Markel International Insurance Company Limited trading as Markel Legal Expenses Insurance which is authorised and regulated by the Financial Conduct Authority.