Implied Contracts and Pregnancy Rights: CAS Ruling Sends Shockwaves Through Sporting World and Beyond
26.06.2026 - 00:41:34 | boerse-global.de
The landmark decision came from an unexpected corner — sport’s highest court — but its ripple effects are already reaching workplace protections far beyond the pitch. On June 24, the International Court of Arbitration for Sport (CAS) ordered Lazio Roma to pay Swedish footballer Maja Göthberg €64,000 in compensation for unlawfully terminating their working arrangement after she became pregnant. An additional €5,333 was awarded for infringement of her personality rights.
Crucially, CAS ruled that a valid employment relationship existed between Göthberg and the Italian club even though no written contract had ever been signed. The court grounded its finding in the Swiss Code of Obligations and FIFA’s maternity protection regulations. The players’ union FIFPRO hailed the verdict as groundbreaking, saying it not only clarifies maternity safeguards but also sets new standards for the confidentiality of medical data in professional sport.
For many female workers on fixed-term contracts, the ruling exposes a persistent legal gap. In Germany, a fixed-term contract still expires on its agreed date even during pregnancy. The protection against dismissal provided by the German Maternity Protection Act (Mutterschutzgesetz) applies during pregnancy and for four months after childbirth, but it does not prevent the regular end of a fixed-term arrangement. However, if a contract is not renewed solely because of pregnancy, that may constitute discrimination under the General Equal Treatment Act (AGG). Affected employees must assert their claims within two months. If a dismissal is actively given, a three-week deadline applies for filing a lawsuit — and the pregnancy must be reported to the employer within two weeks of receiving the termination notice.
The dismissal protection also extends into parental leave. For children under three years old, the protection period begins eight weeks before the start of parental leave; for children between three and eight years, it begins 14 weeks ahead. Exceptions exist only in extreme cases, such as a complete business closure, and even then only with official approval.
Alongside these individual protections, a systemic shift looms. Starting June 7, 2026, the European Union’s Pay Transparency Directive will come into full effect. Employers will be required to disclose salary ranges in job postings, employees gain an improved right to information about pay levels, and a reversal of the burden of proof in discrimination lawsuits significantly strengthens workers’ bargaining power.
As the EU Pay Transparency Directive raises the bar on employer obligations and summer temperatures test workplace safety, UK employers face their own set of compliance demands. A free Health & Safety Toolkit gives you immediately usable risk assessments, checklists and toolbox talks aligned with UK regulations like the Health & Safety at Work Act 1974. Download the free Health & Safety Toolkit
Separately, with summer temperatures climbing, employer duties under heat stress rules are drawing renewed attention. There is no legal entitlement to “heat leave,” but workplace obligations are graded by temperature: from 26°C upward, employers must introduce protective measures; at 30°C, those measures become mandatory; above 35°C, the workplace is deemed unsuitable without additional precautions. Unions are calling for binding cooling breaks, especially for outdoor manual workers. Employees may only leave the workplace on their own authority if there is an acute health risk. If employers take no action, workers are advised to report the situation to the occupational safety authority or the employers’ liability insurance association.
