Are you pregnant and does your employer work for a company that is undergoing redundancy? If so, you are on solid legal ground. In most cases, the law expressly protects you against dismissal, even when the commercial pressure is significant. Nevertheless, there are nuances and exceptions you need to understand thoroughly before signing any document or accepting a proposal.
Statutory dismissal protection outlines the legal rights and safeguards employees have against unfair or unlawful termination of employment.
Article 7:670, paragraph 2 of the Dutch Civil Code stipulates that an employer may not terminate the employment contract of a female employee during pregnancy. This protection against dismissal also applies during maternity leave. And during the six weeks following the end of that leave upon return to work. This is a broad period of protection that the legislature has deliberately designed in this way.
In practical terms, this means your employer cannot dismiss you during these periods via the UWV (Employee Insurance Agency) or the subdistrict court. This applies to both fixed-term and permanent contracts. Even if you were already pregnant at the time notice was given but were not yet aware of it yourself, the protection against dismissal applies retroactively – provided you can subsequently demonstrate that the pregnancy already existed.
Redundancy protection
A redundancy process does not automatically lift dismissal protection. The fact that your position is declared redundant or a UWV dismissal permit is applied for does not make you, as a pregnant employee, straightforwardly dismissible. Nevertheless, the law does recognise a limited number of situations in which dismissal protection may be set aside during a redundancy process.
The most important exception concerns the complete cessation of the company’s operations or those of an independent part thereof. Additional conditions shall apply in this case:
- You must have worked in the position that is being discontinued for at least 26 weeks.
- The protection against dismissal does Not lapse in this situation if you are already on maternity leave: during the leave itself, the protection remains fully in force.
- This concerns the genuine closure of (part of) the business, not merely a reorganisation in which jobs are lost whilst the business continues.
Is your employer planning to close a department while the rest of the business continues as normal? If so, the threshold for a valid dismissal is considerably higher. Always have the situation assessed by an employment lawyer, as the details are everything here. Further background on dismissal for business-economic reasons can be found on the overview page. Redundancy and business-economic dismissal in Eindhoven.
Signing a settlement agreement while pregnant
An employer may always offer you a settlement agreement (vaststellingsovereenkomst, or VSO) during a redundancy process, even if you are pregnant. This is permitted by law. The problem is that by signing it you voluntarily waive the dismissal protection that would otherwise protect you. That protection lapses the moment you put your signature to the document.
Therefore, Never Sign a settlement agreement without legal advice if you are pregnant. Be aware of the following risks as well:
- Unemployment benefit implications: An incorrectly drafted settlement agreement can result in your unemployment benefit being refused or delayed after your maternity leave.
- WAZO benefit: As a pregnant employee, you are entitled to a benefit under the Work and Care Act (Wet arbeid en zorg); the termination of your employment may affect your entitlement to this.
- Negotiating position Precisely because you cannot simply be dismissed, you are in a stronger position than a colleague without dismissal protection. You will not make the most of that position if you agree too quickly.
- Cooling-off period: Following the signing of a settlement agreement, you have a statutory period of fourteen days in which to withdraw from the agreement; if this is not stated in the document, a period of three weeks applies.
- Notice period: A notice period that is too short in the settlement agreement may result in a later start date for unemployment benefit.
Transition payment on dismissal during or after pregnancy
Regardless of whether your employment contract is terminated, whether through the courts in an exceptional situation or via a settlement agreement that you conclude consciously and after careful consideration, you are in principle entitled to the statutory transition payment. This amounts to one third of a gross monthly salary per year of service. In 2026, the statutory maximum is €102,000 gross, or one gross annual salary if that is higher.
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Plan a conversationBecause you, as a pregnant employee, have a particularly strong legal position, negotiations over a settlement agreement can sometimes yield more than the bare transition payment alone. Think of a supplement to the payment, retention of secondary employment benefits until the end date, or a contribution towards legal costs. Make sure you are properly informed before agreeing to anything.
Practical tips if you are pregnant and facing redundancy
- Inform your employer in writing of your pregnancy as soon as you wish to do so; this formally activates the dismissal protection.
- Have you received a settlement agreement? Always seek legal advice first — never sign under time pressure.
- Verify whether your position is genuinely being made redundant, or whether the redundancy appears merely to be a pretext.
- Has the obligation to redeploy you been fulfilled? You too are entitled to be redeployed to another suitable position.
- Keep all communications regarding the redundancy (emails, letters, notes from meetings) carefully.
- Are you uncertain about the correct application of the reflection principle (afspiegelingsbeginsel)? Have it checked; this too can strengthen your position.
- On a fixed-term contract: failure to renew it due to your pregnancy is considered discrimination and can be challenged.
Why Labour Lawyer Eindhoven
Dealing with pregnancy and redundancy at the same time is a situation that raises many questions and causes considerable stress. At Arbeidsjurist Eindhoven, we are well acquainted with the local labour market as well as the legal ins and outs of dismissal law. We look at your specific situation together with you: what does the settlement agreement say, is the compensation correct, and what are your real options? Get in touch for a no-obligation initial consultation – you will quickly know where you stand.
Frequently asked questions
Your employer generally cannot dismiss you during a redundancy process if you are pregnant, especially if your pregnancy is known to them. UK employment law offers specific protections to pregnant employees and those on maternity leave during redundancy situations. Here's a breakdown of your rights: * Redundancy Selection: If your role is at risk of redundancy, your employer must use fair and objective selection criteria. You cannot be selected for redundancy *because* you are pregnant. * Pregnancy Discrimination: Selecting someone for redundancy due to their pregnancy is unlawful discrimination. * Rights During Pregnancy: While you can still be made redundant, your employer has a duty to consider your situation. This includes: * Asking you to apply for suitable alternative vacancies: If suitable alternative jobs are available within the organisation (or an associated employer), your employer must offer them to you before making your role redundant. This is particularly important when you are pregnant, as they need to ensure the alternative role is suitable and safe given your condition. * Trial period in an alternative role: If offered an alternative role, you have the right to a trial period (usually up to four weeks) to see if it's suitable. If it's not, you are still entitled to redundancy pay and can return to your original role if it's still available before your maternity leave starts, or your redundancy will proceed as if you hadn't been offered the alternative. * Maternity Leave: If you are on maternity leave when a redundancy process is happening, you have even stronger protections. Your employer must still follow the redundancy process, but your maternity leave itself does not put you at risk. * Unfair Dismissal: If your employer dismisses you for reasons related to your pregnancy during a redundancy process, you may have grounds for an unfair dismissal claim. What to do if you believe your dismissal is unfair: 1. Speak to your employer: Understand the reasons for the proposed redundancy and how you were selected. 2. Seek advice: Contact ACAS (Advisory, Conciliation and Arbitration Service) or a trade union. They can provide free, impartial advice. 3. Consider legal action: If you believe your dismissal is discriminatory or unfair, you may need to seek legal advice from an employment solicitor and potentially make a claim to an Employment Tribunal. Important Note: It is crucial that your employer is aware of your pregnancy for these protections to apply fully. If they are not aware, you should inform them as soon as possible, ideally in writing.
In most cases, no. Article 7:670, paragraph 2 of the Dutch Civil Code prohibits the employer from terminating the employment contract during pregnancy, maternity leave, and the six weeks thereafter. Only in the event of the complete closure of (part of) the business can the dismissal protection be overridden under strict conditions — and even then, never during the leave itself.
If you're pregnant and sign a settlement agreement, there are several things that might happen to your unemployment benefit. Firstly, the settlement agreement itself might have specific clauses about how it affects your employment status and any benefits you are receiving. It's crucial to read this document very carefully, or ideally have a legal professional review it for you, to understand these implications. Secondly, your pregnancy itself can impact your eligibility for unemployment benefit. In the UK, statutory maternity pay (SMP) is a form of payment for those who are employed and meet certain criteria related to earnings and length of service. If you become eligible for SMP, this will likely affect your claim for unemployment benefit. The goal of unemployment benefit is to support you when you are available for work and actively seeking it. If your pregnancy means you are no longer able to work, or are not seeking work, then your entitlement to unemployment benefit could change or cease. It's important to note that unemployment benefit and maternity pay are separate entitlements. Unemployment benefit is generally for people who are out of work and looking for a job. Maternity pay is for those who are pregnant, have been employed for a qualifying period, and are off work for maternity reasons. You will need to declare your pregnancy and any potential changes in your employment status (such as signing a settlement agreement) to the relevant benefit agency (e.g., Jobcentre Plus) as soon as possible. They will then be able to advise you on your specific circumstances and what benefits you are entitled to. They will assess your situation based on UK government regulations and your individual case. Failing to declare changes can lead to overpayments, which you may have to repay. For accurate and personalised advice, it is highly recommended that you: * Read your settlement agreement thoroughly and seek legal advice if you have any doubts. * Contact Jobcentre Plus or the relevant government department responsible for unemployment benefits as soon as possible to discuss your situation. * Consider seeking advice from a Citizens Advice Bureau or a welfare rights organisation. * Check the official UK government website (gov.uk) for detailed information on unemployment benefits and maternity pay.
A settlement agreement can be drafted to protect entitlement to unemployment benefit, but only if all conditions are met: the notice period must be correctly observed and the initiative for dismissal must have come from the employer. An error in the agreement could result in your unemployment benefit being refused after your maternity leave or starting at a later date. Always have the settlement agreement checked by an employment lawyer before you sign.
Does dismissal protection also apply to my fixed-term contract?
The protection against dismissal applies to all types of contract, including fixed-term employment. However, a fixed-term contract that expires by operation of law need not be renewed; that is legally distinct from termination by notice. If your contract is not renewed on account of your pregnancy, that constitutes discrimination and you are entitled to compensation.
You generally have a cooling-off period after signing a settlement agreement, during which you can change your mind. The length of this period can vary depending on the specific agreement and national laws. In the UK, for example, there isn't a statutory cooling-off period for all settlement agreements, but it's common for them to include a period for review by a solicitor. Your solicitor will advise you on the exact timeframe applicable to your situation.
After signing, you have fourteen days within which to withdraw from the settlement agreement in writing, without needing to give a reason. If the cooling-off period is not stated in the document, an extended period of three weeks applies. Use that period to seek legal advice if you have not already done so.
How much is my redundancy pay if I am dismissed during a redundancy process?
The transition payment in 2026 amounts to one third of a gross monthly salary per year of service. The statutory maximum in 2026 is €102,000 gross, or one gross annual salary if that is higher. Because pregnant employees have a strong legal position, negotiations sometimes leave room for a higher payment than the statutory minimum.
We're happy to help you brainstorm ideas. For advice tailored to your specific situation, we'd be happy to sit down with you. No rights can be derived from the content of this page and it may contain inaccuracies.
