Employment law cases

Mayr v Bäckerei Und Konditorei Gerhard Flöckner OHG [2008] IRLR 387 ECJ

Reports relating to this case:

  • Pregnancy dismissal: Fertilised but non-implanted ova did not constitute pregnancy

    28 May 2008

    In Mayr v B├Ąckerei und Konditorei Gerhard Flockner OHG [2008] IRLR 387, the ECJ held that the protection afforded by the Pregnant Workers Directive against dismissal on grounds of pregnancy does not extend to a woman undergoing IVF treatment who was dismissed when in-vitro-fertilised ova existed but had not yet been transferred to her uterus. However, if she was dismissed essentially because she had undergone this advanced stage of IVF treatment, her dismissal would amount to direct sex discrimination contrary to the Equal Treatment Directive.