Spanish Court Rules Dismissal After Sick Leave Was Discriminatory, Orders €195,000 Payout
Published on 08/01/2026 at 11:36 | Redaktion boerse-global.de
A Spanish employee who was fired just 24 hours after reporting sick with anxiety has won a landmark legal victory, with the country's Supreme Court confirming the dismissal was unlawful and discriminatory. The ruling, handed down in July 2026, obliges the employer to pay a combined €195,000 in back pay and compensation.
One-Day Gap Between Sick Note and Termination
The case began when a worker at a Spanish company submitted a medical certificate citing anxiety-related health issues. The very next day, management issued an immediate dismissal without notice. The employee challenged the decision, and the case wound its way through the courts.
A labour tribunal in Murcia initially ruled the termination invalid. That verdict has now been upheld by the Supreme Court, which examined the tight timeline between the sick report and the firing. The judges determined that the sequence of events pointed to discrimination, concluding the dismissal breached the worker's legal protections.
What the Employer Must Now Pay
The financial fallout for the company is substantial. The court ordered full reimbursement of the employee's lost wages, calculated at €189,000. On top of that, the claimant receives €6,000 in damages. Since the Supreme Court's confirmation is final, the payments are now enforceable.
The back-pay figure was derived from the man's salary at the time of his dismissal, which stood at €5,268 gross per month.
Why Sickness-Related Dismissals Face High Hurdles
Legal observers say the case underscores how difficult it is across Europe to terminate a contract while an employee is medically unfit for work. The Spanish ruling aligns with a broader judicial trend that treats dismissals triggered by health issues with suspicion.
German law takes a similarly strict line. Employers in Germany can only dismiss someone who is ill or on sick leave if they can demonstrate a negative health prognosis and show that the absences seriously disrupt business operations or economic interests. A termination issued purely in response to a sick note, legal experts note, typically fails any judicial review.
This ruling is a reminder that employee welfare is under a legal microscope across Europe. In the UK, employers face similar scrutiny over their duty-of-care obligations under the Health & Safety at Work Act 1974 — and failing to document compliance can prove costly. A free toolkit with 9 ready-to-use tools, including risk assessments and director liability guides, helps you stay on the right side of the law. Download the free Health & Safety at Work Act 1974 Toolkit
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