Employment and HR
Most Read: Contributor Belgium, September 2021
Spain: Constitutional Court Ruling Will Allow Employees To Challenge The Business Reasons For A Collective Dismissal
by L&E Global
L&E Global
According to the judgment of the Constitutional Court of 12 July 2021 (writ of amparo 5508-2018) an individual employee may challenge the business reasons for a collective dismissal, a situation that until now was not previously considered, when there is an agreement within the consultation period.
In this particular case, a group of employees were affected by a collective dismissal procedure which finalised with a settlement agreement between the workers' representatives and the company. However, a few workers challenged the grounds of the collective dismissal.
The case law of the Supreme Court excluded the possibility of reviewing the concurrence of the causes that justify a collective dismissal in cases where an agreement exists between the company and the employees' representatives through an individual dismissal procedure. This is due to the lack of regulation in this issue.
On the other hand, the Constitutional Court conducted an in-depth analysis of the right to effective judicial protection, and determined that the decision adopted by the Supreme Court failed to conform to the postulates established in their doctrine, as it leads to restricting the possibilities of exercising the particular fundamental right, without the express legal cause that authorises it.
The Constitutional Court subscribes to the view that the lack of legal regulation creates this path for the possibility of challenging the concurrence of the causes that motivated the collective dismissal, but it should not be understood as an impeditive circumstance of such eventuality. The Court granted the appeal in favor of the plaintiffs and declared the previous judgments null and void.
Key Action Points for Human Resources and In-house Counsel
Companies must find alternative ways to bind each employee individually to the final agreement, in order to reduce the individual's possibilities to appeal; for example, procuring approval of the final dismissal agreement through ratification by the employee assembly.
Spain Employment and HR Employee Rights/ Labour Relations Unfair/ Wrongful Dismissal Government, Public Sector Constitutional & Administrative Law
POPULAR ARTICLES ON: Employment and HR from Spain
Workplace Banter And Harassment
Trowers & Hamlins
If banter goes too far it can amount to unlawful discrimination or harassment under the Equality Act 2010.
Can Companies Stop Sick Pay For Unvaccinated Staff?
As some companies set out their plans to cut sick pay for unvaccinated staff, Julian Cox, Head of Employment Law at BLM sets out the legal position:
Are You Ready For Pensions Challenges In 2022?
The coming year promises to bring a host of new opportunities and challenges in the world of pensions. With so many consultations, legislative changes and updated pieces of guidance...
How To Avoid Injury To Feelings Awards
Giambrone & Partners
Companies and their HR departments would be wise to introduce an on-going training programme aimed at ensuring that their managers and wider staff do not compromise the...
Employment Case Law Review Of 2021
Wrigleys Solicitors
Welcome to our Employment Case Law Review of 2021. Last year saw a flurry of important and long-awaited employment law decisions in the Supreme Court.
Dismissal For Raising Vexatious Grievances Was Fair
The Employment Appeal Tribunal (EAT) has held in Hope v British Medical Association that an employee's dismissal for bringing numerous grievances which he refused to progress or withdraw was fair.
Spain Employment and HR Employee Rights/ Labour Relations Unfair/ Wrongful Dismissal Government, Public Sector
Hiring Through Intermediaries: The Position In Spain And In Other Countries lus Laboris
Algorithms, Artificial Intelligence And Employees' Rights In Spain And Beyond lus Laboris
M&A And Employment Law – Europe lus Laboris
New Proposals On Platform Workers' Rights In Spain: What Are The Implications? lus Laboris
¿Es La Primera Vez Que Implementas Un Sistema De Denuncias? Echa Un Vistazo A Nuestra Guía Práctica WhistleB