In a decision dated 25 March 2026 (Cass. soc., 25 March 2026, No. 24-14.788), the French Supreme Court ruled that, when an employer terminates an employee’s trial period after being informed of her pregnancy, the employer must demonstrate that the decision was not influenced by the pregnancy.
In this case, the employee’s employment contract provided for a four-month trial period, renewable once. On 28 November 2017, she informed her employer that she was pregnant. A few weeks later, on 16 January 2018, the employer terminated her trial period.
The employee challenged the termination, arguing that it was linked to her pregnancy.
The Court of Appeal dismissed her claims, holding, first, that the employer was not required to justify the reasons for terminating the trial period and, second, that the employee had not produced evidence capable of suggesting discrimination.
Referring to Articles L. 1225-1 and L. 1225-3 of the French Labour Code, the French Supreme Court reiterated that employers cannot take pregnancy into account when terminating employment contracts during the trial period. Furthermore, it ruled that, if the termination occurs after the employer has been informed of the employee’s pregnancy, the employer must justify its decision by providing evidence of factors unrelated to the pregnancy.
In other words, in such circumstances, the burden of proof does not lie with the employee.
If the employer was aware of the pregnancy before terminating the trial period, they must demonstrate that their decision was based on objective considerations unrelated to any discrimination.
Employers should therefore ensure that trial period assessments are carefully documented where termination occurs in a protected context. Failing this, the litigation risk is significant.
Terminating a trial period after notification of pregnancy is not prohibited in itself. It simply must be capable of being justified on objective grounds.
Cass. soc., 25 March 2026, No. 24-14.788
