Dismissal during pregnancy: what is and is not allowed?

Prohibition on notice and equal treatment

Dismissal protection generally applies during pregnancy, pregnancy leave and maternity leave. The first six weeks after maternity leave also count; additional rules apply to incapacity caused by pregnancy or childbirth. The discrimination prohibition has a different function: pregnancy must not cause an adverse employment decision. You may therefore need both rules. Ask in writing which reason and legal route the employer relies on, and record when the employer learned about the pregnancy. The government also specifies protection during incapacity caused by pregnancy or childbirth and the first six weeks afterwards. Record not only the end of maternity leave but also subsequent pregnancy-related incapacity; assess exceptional termination routes separately.

Temporary contracts are not automatically renewed

A valid temporary contract can expire on the agreed date during pregnancy. Pregnancy alone does not require the employer to offer a new contract. But refusing renewal specifically because of pregnancy may constitute prohibited discrimination. Compare the stated reason with earlier discussions, reviews and promises. A message saying you will be absent for too long may cast a different light on a later claim of poor performance.

Even valid probation does not permit discrimination

During a valid probationary period, an employer can normally end the contract immediately. That does not mean every reason is allowed. Request the reason in writing and keep the reply. Also check whether probation is valid: contract duration, written agreement and earlier duties can matter. A short interval between pregnancy notification and dismissal does not prove everything by itself, but together with specific statements and a changing explanation it is relevant to the assessment.

Substantiate a suspicion with concrete facts

Prepare a chronology: application, employment start, reviews, pregnancy notification and the decision about your job. Attach messages showing expectations before and after notification. Record exact statements as accurately as possible, with dates and people present. Avoid assumptions about people’s intentions. Where facts suggest prohibited discrimination, the burden of proof can shift, but a lawyer must assess whether your facts provide sufficient grounds for that.

Choose a procedure matching your aim

Do you want your job back, compensation or principally a finding of discrimination? These aims do not always require the same route. The Netherlands Institute for Human Rights can issue an opinion on unequal treatment; this is not a court judgment automatically reversing dismissal. The subdistrict court can decide employment-law applications. Short deadlines apply to challenging dismissal, often two months. Do not wait for an internal complaint to finish.

Make a separate income plan

Check salary until the end date, holiday allowance, outstanding holiday and any transition payment. Pregnancy and maternity benefits and possible Ziektewet benefits have their own conditions. When a contract ends, it must be clear who makes which application and when. Contact UWV if information is missing and keep confirmations. Compensation for discrimination is not the same as a benefit and is not automatically due merely because you have submitted a complaint.

Do not sign a quick solution under pressure

A termination agreement can give up protection and income. Request a complete draft covering end date, reason, compensation, release from work and final discharge. Have someone assess the implications of pregnancy, leave or pregnancy-related illness. An employer’s promise about UWV does not bind UWV. Also record reference and communication arrangements if relevant to your next job. Decide only when you understand which entitlements you retain and which you may be settling.

Example: renewal discussed, then employment ends

You receive a positive review in June and discuss renewal. In July you announce your pregnancy. In August your manager says a longer absence does not fit the team; a letter then refers to “insufficient commitment”. Keep both explanations, your review and details of possible witnesses. This example does not mean the outcome is predetermined. It shows why the combined evidence matters more than the final letter alone. Have the formal end date and procedure assessed at the same time.

Practical checklist

• Keep the contract, probation clause and earlier reviews.
• Record pregnancy notification, statements and decision dates.
• Determine your aim and the final court deadline with an adviser.
• Check salary, UWV applications and the final account separately.