||All England Reporter
|| All ER (D) 37 (Oct)
||Court of Justice of the European Communities (Fifth Chamber)
Judges La Pergola (President of the Chamber), Wathelet (Rapporteur), Jann, Sevón and Timmermans
||4 October 2001
European Community - Equality of treatment for men and women - Working conditions - Conditions of dismissal - Pregnant woman recruited under fixed term temporary employment contract - Worker knowing she was pregnant at time of conclusion of contract - Worker failing to inform employer - Worker unable to perform work, for substantial part of duration of contract, for which she was recruited - Worker dismissed - Whether Community legislation precluding dismissal - Council Directive (EEC) 76/207, art 5(1) - Council Directive (EEC) 92/85, art 10.
(1)On their true construction, art5(1) of Council Directive (EEC) 76-207 (on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions) and art10 of Council Directive (EEC) 92-85 (on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding), precluded a worker from being dismissed on the ground of pregnancy where she was recruited for a fixed period; where she had failed to inform the employer that she was pregnant even though she was aware of that when the contract of employment was concluded; and where, because of her pregnancy, she was unable to work during a substantial part of the term of that contract.
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