The High Court of Justice of Cataluña has declared that the dismissal of a pregnant employee is null and void, but if the company did not know of her condition, it cannot be considered discriminatory.
According to the ruling, the worker did not inform the company of her pregnancy and the company was unaware of it. At the time of dismissal she was on sick leave for another reason and had not started maternity benefit. There is no evidence that the company was aware of the worker's pregnancy.
The judges consider that if the company does not know of the pregnancy, the dismissal does not become unfair, but remains null and void, albeit with different effects. Read more.
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