Introduction
When a temporary contract is not renewed just as an employee has become ill or pregnant, the question quickly arises: is this allowed? Under labor law, discrimination based on pregnancy, illness, or gender is prohibited. A recent ruling by the Midden-Nederland District Court shows that failing to provide a clear justification for terminating a contract poses a risk to the employer.
Pregnancy or illness should not be a reason for not renewing a contract
In the ruling, the judge considered the case of an employee with a seven-month temporary contract. Following her satisfactory performance, her contract was extended for another seven months. During that extension, both the employee and the employer expressed a desire to continue working together.
Shortly after her contract was extended, the employee reported sick due to pregnancy. She was later diagnosed with cyclic vomiting syndrome. A few weeks before her contract was set to expire, she was told that her employment contract would not be renewed. When she asked for the reason, she was not given one.
According to the judge, what happened?
The subdistrict court judge found it plausible that the employee was performing well and that, prior to her sick leave, there had been no doubt about the continuation of her employment. The sudden change coincided with her taking sick leave due to pregnancy.
The employer argued that there was a “combination of circumstances,” but was unable to substantiate this with specific evidence. Because the timing of the termination coincided suspiciously with pregnancy and illness, the judge ruled that there was a presumption of prohibited discrimination. In such cases, the burden of proof lies with the employer.
One striking detail was that the manager reportedly did not mention anything about pregnancy or illness during the termination meeting. The judge found precisely that to be implausible: if you deliberately fail to mention something that is clearly a factor, that can actually indicate an attempt to avoid or conceal the issue.
The judge ruled that there had been unlawful discrimination based on gender and chronic illness. The employee was awarded fair compensation of more than €5,600.
Lessons from this ruling
For employers, this ruling serves as a clear warning. If a temporary contract is not renewed while an employee is on sick leave or is pregnant, it is crucial to carefully justify the decision and document it thoroughly. There must be demonstrable business reasons that are unrelated to the employee’s personal situation.
Without a clear justification, the employer runs the risk of legal claims for prohibited discrimination. This can result in damages and reputational harm.
Conclusion
In principle, a temporary contract may be terminated without cause. However, if the termination coincides with illness or pregnancy, the employer must be able to demonstrate that there is no connection. In a case where an employee reported sick during her pregnancy and was informed shortly thereafter that her contract would not be renewed, the employer failed to credibly refute this connection. The court ruled that prohibited discrimination had occurred and awarded compensation. A well-documented case file and clear communication are essential in such situations.
This blog was written by Stijn Blom, Esq., an employment law attorney at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists employers and employees on a daily basis with a wide range of employment law issues. From dismissal cases to drafting watertight agreements and policies—with his practical and personalized approach, he helps employers and employees move forward. Want to learn more? Visit Stijn’s page.
Arbeidsadvocaat.nl is happy to help you if you have any questions about (pregnancy) discrimination. Please feel free to contact us .
April 2025