A dismissal may carry a risk of nullity where it affects protected circumstances or infringes fundamental rights. These cases demand particular care with chronology, evidence and the genuine reason for the decision.
- Protected circumstances require a specific risk review.
- The chronology and any indications of discrimination can alter the burden of proof.
- Nullity may entail reinstatement, back pay and, in some cases, additional compensation.
Protected circumstances and fundamental rights
Pregnancy, family-related rights, discrimination, retaliation and other protected situations may be relevant. The legal analysis depends on the specific circumstances and the link between the protected factor and the measure.
Not every dismissal involving a protected person is automatically void, but proceeding without a careful review can create serious legal and reputational exposure.
Chronology and indications
Timing matters. Complaints, leave requests, protected activity, comments, changes in treatment and the decision-making process may provide indications that require the employer to justify the genuine grounds for the measure.
Both sides should preserve communications and identify who made the decision, on what information and at what point. A reliable timeline often becomes central to the case.
Employer preparation
The employer should verify that the grounds are real, documented, unrelated to the protected factor and applied consistently. Decision records and the dismissal letter should tell the same story.
Generic references to performance or organisational needs are rarely enough when the surrounding chronology raises questions. The evidence should pre-date and genuinely support the decision.
Employee response
The employee should keep the letter, relevant communications, medical or leave documentation where appropriate, and records of complaints or changes in treatment.
Prompt advice is important because Spanish dismissal deadlines are short. The claim should distinguish the ordinary challenge to the grounds from any alleged infringement of fundamental rights.
General information. General information only. A possible void dismissal must be assessed through the exact chronology, evidence and protected circumstances.