What Happened?
After three interviews, an employment contract was concluded, and the employee was set to start as a Junior Tax Consultant. The contract included a one-month probation period. A day after receiving the employment contract offer, the employee informed the employer of her pregnancy. After further discussions, the parties agreed to modify the contract terms, reducing the work hours from 40 to 24 per week.
On her first day, the employee called in sick. After returning, she worked two more days before the employer informed her that the employment contract would be terminated during the probation period. The employee disagreed, believing the termination to be discriminatory due to her pregnancy. The matter was brought before the Court of The Hague.
What Did the Judge Decide?
The court ruled that the dismissal was justified. Generally, both the employer and the employee can immediately terminate an employment contract during the probation period, allowing the employer to assess the employee’s suitability for the role.
However, this broad authority has limits: a contract cannot be terminated on discriminatory grounds, meaning that an employer cannot dismiss an employee in the probation period solely because she has announced her pregnancy.
In this case, the judge determined that the dismissal was unrelated to the pregnancy. The employer had pre-existing doubts about her suitability, and she had worked only a short period, limiting the employer’s ability to assess her performance further. The employee also failed to provide evidence suggesting a presumption of discrimination related to her pregnancy. Thus, the employer had legitimately exercised the right to terminate the contract during the probation period.
Tip
Pregnancy does not have to prevent dismissal during the probationary period. As an employer, as long as you can substantiate the reasons for the dismissal and separate it from the employee’s pregnancy, it is possible to terminate a pregnant employee during the probation period. However, avoid creating any suspicion of discrimination. If the employee can sufficiently demonstrate this suspicion, it will be up to you, as the employer, to prove otherwise.
Questions?
If you have further questions after reading this blog, please contact Sietske Bos-Bremmer.
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