New requirements for employee defence in disciplinary dismissals

At a glance

• Following the ruling by the Spanish Supreme Court on 18 November 2024, disciplinary terminations in Spain have now become more difficult.
• Employers are now required to provide employees with the chance to defend themselves prior to any disciplinary dismissal.

Employers are now required to provide employees with the chance to defend themselves prior to any disciplinary dismissal, which relates to conduct or performance. This change highlights the importance of a fair process, which may increase the administrative burden on employers who document and facilitate internal procedures that allow employees to defend themselves.

This ruling aligns Spanish labour law with the International Labour Organisation’s standards, specifically Article 7 of Convention No. 158. Courts will closely examine whether employers comply with the new regulations, especially concerning the fairness of the dismissal process.

With the new rights, employees may feel more empowered to challenge dismissals, leading to an increase in formal grievances. Employers should prepare for a potential rise in disputes and consider taking proactive steps, such as consulting with employment lawyers earlier in the process or providing mediation and conflict resolution training.

These changes represent a significant shift in how employers must approach disciplinary actions in Spain. Employers should review their policies and practices to align with these new requirements.