Spain: the unjustified dismissal of a pregnant employee is null even if the employer ignored the pregnancy

In a ruling rendered on July 21, 2008, the Spanish Constitutional Court decided that the unjustified dismissal of a pregnant woman was null, even though the employer didn't know that his employee was pregnant. This decision puts a stop to the legal uncertainty which prevailed until now. Many courts said that the employer should be aware if the pregnancy for discrimination to be ascertained. (Ref. 080632)
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In a ruling rendered on July 21, the Constitutional Court recognized that an unjustified dismissal is null when the employee can prove that she is pregnant. For that ruling, the court only used article 55.5 of the Status of Workers, which plans that dismissals are null between the beginning of the pregnancy and the end of the suspension of the employment contract due to this condition. The Supreme Court, in charge of monitoring the respect of constitutional rights and principles, deemed that th

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