If you are pregnant and your contract is not renewed, this may be discrimination and you may be entitled to fair compensation. This played out in a case before the Almere subdistrict court.
Facts
Employee was given an employment contract for seven months. This was mutually satisfactory and the contract was soon extended for another seven months. The employer expressed its intention to work together for a long time to come. Shortly after the extension she became pregnant and fell ill as a result. As it turned out, she had "cyclical vomiting syndrome. Over six months later, shortly before the end of the contract, the employer mailed her that her contract would not be renewed. The employee asks for the reason for this, which is not given. Her supervisor did visit her in the hospital and then fed back to the HR manager, "I mainly mentioned that we have continued with the store and the team, but that we are especially sorry that she will soon be gone. No word about pregnancy or about her absence."
Kantonrechter Almere
The employee went to court claiming that her employer had made prohibited discrimination by not renewing her employment contract due to pregnancy and/or chronic illness. She requested equitable compensation of €17,500. The subdistrict court concluded that all signs indicated that she was performing well and that the company wanted to continue with her, until she fell ill due to pregnancy. It was then up to the employer to prove that this was not the reason. The manager still visited her in the hospital and emailed to HR that the dismissal had been discussed and nothing was said about pregnancy. The judge found this only odd. The employer argued that the reason for not renewing the employment had nothing to do with pregnancy and/or chronic illness, but was due to a combination of circumstances. The judge did not find this convincing. The subdistrict court ruled that the non-renewal constituted discriminatory conduct and awarded the employee fair compensation of over EUR 5,600.
This blog was written by Mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists entrepreneurs daily with a wide range of employment-related matters. From dismissal cases to drafting watertight contracts and policies – with his practical and personal approach, he helps employers and employees move forward. Want to know more?Visit Stijn's page.
Arbeidsadvocaat.com is happy to think with you if you have questions about the topic of pregnancy discrimination. Please feel free to contact us .
June 2024
