In this ruling of December 12, 2023, the Social Chamber of the Supreme Court resolves the appeal for unification of doctrine filed by a worker who is fired while pregnant.

The company dismissed the worker alleging "continued and voluntary decrease in normal performance in her job." At the time she was notified of the dismissal, she was not aware that the worker was pregnant. The company proceeded to lay off five more workers.

The lower court ruling of the Social Court no. 9 of Madrid declared the annulment of the dismissal, under the protection of art 55.5 of the Workers' Statute, as it was declared proven that the defendant knew about the pregnancy after delivering the dismissal letter, because the plaintiff informed her that way, so it is a nullity due to legal imperative that is produced by the fact of the pregnancy, whether the defendant knows about it or not. The ruling under appeal here, of the Social Chamber of the Superior Court of Justice of Madrid of September 23, 2022 (Rec 537/2022), confirmed the ruling of the instance.

Condemning the company to reinstate the dismissed worker and pay the processing salaries.

The worker who was dissatisfied with the ruling of the TSJ of Madrid filed an appeal for the unification of doctrine.

This unifying appeal raises two interrelated questions, although formulated on different grounds. In the case of a disciplinary dismissal of a pregnant woman, where the cause of the dismissal has not been proven, the aim is to determine whether the declaration of nullity, inevitably linked to the violation of the fundamental right to equality and non-discrimination, must always be accompanied by compensation that repairs the moral damage derived from the infringement of the right not to be discriminated against. Alternatively, it is questioned whether the annulment has an objective nature and compensation would only be appropriate if a specific violation of the right to equality and non-discrimination, or another fundamental right or public freedom is proven.

Furthermore, the ruling takes the opportunity to highlight the importance of combating discriminatory dismissals for reasons of pregnancy, although it highlights that the regulations can provide protection without the need to demonstrate the discriminatory reason in specific cases, such as the one analyzed.

This approach seeks to guarantee an effective defense of the right to non-discrimination based on gender in the workplace, addressing one of the fundamental challenges in this area.

Failed: dismiss the appeal for unification of doctrine filed by the worker. Confirming the ruling of the TSJ of Madrid in appeal no. 537/2022.