The first two decisions in Spain set aside dismissals issued during temporary disability leaves. A court in Gijón and a court in Vigo applied the new regulation 15/2022 and ruled that firing an employee because of illness is discriminatory. Consequently, these employers were required to reinstate the workers and pay compensation. These are two landmark rulings, highlighted by the UOC’s Assistant Dean of Teaching, Ignasi Beltran, and they signal a shift in judicial criteria. Until now, layoffs of staff on sick leave were mainly categorized as unsustainable or lacking just cause.
The courts are beginning to apply the new law—often called equal treatment and non-discrimination. It covers illness and rejects any physical or mental health condition as a discriminatory reason for termination. This strengthens protections for workers and shields them when firms terminate them without a valid reason. It does not render every layoff of an employee on sick leave void; such terminations may still be possible if properly claimed, but if the dismissal stems from actual illness, the law broadens protection and provides a formal basis for challenge. [citation]
“Previously, most courts found these dismissals unjustified when a clear justification for the dismissal could not be shown. In cases comparing leave to a disability, dismissals were often deemed null and void, especially with chronic or long-term illness. The new law treats temporary disability as a presupposed ground for discrimination. Since the Labor Law prohibits discriminatory layoffs, judges are applying it accordingly.” [citation]
reinstatement and compensation
Two pioneering rulings explore how equal treatment and non-discrimination laws apply in practice. In the first case, a showcase designer was hired in March. In June, the worker disclosed a need for cervical surgery. The company proposed ending the contract by mutual agreement and rehiring after recovery, but the worker rejected this option. The company then paid him and claimed he had not met expectations, amounting to €453.27 in compensation and a dismissal. [citation]
“The legal landscape will look very different with Law No. 15/2022 in force,” explains the judge, who notes the decision changes the criterion for dismissals. In this instance, the employee was dismissed due to ethnic origin, gender, or ideology, and alongside reemployment, was also awarded €3,500 in compensation, equivalent to three months of leave for the operation. [citation]
The second precedent comes from Vigo Social Court No. 1. In a welding workplace, five workers were hired and one took leave for mental health reasons. The pre-trial diagnosis anticipated a two-week absence. Soon after, the company dismissed that employee but kept others. The magistrate found the dismissal invalid, recognizing the employee’s mental health leave as the reason for the termination and noting a transformation into a legal fiction. The court ordered the company to reinstate the employee and award €3,000 in compensation—given the worker’s seniority, the short tenure, and limited damage from the single loss—and rejected a demand for €10,000 in reinstatement and unpaid wages. [citation]
These rulings collectively emphasize that dismissal solely based on health-related leave is unlikely to stand. They reinforce a duty for employers to reinstate workers when the termination is tied to temporary disability and to compensate for the disruption caused. The outcomes illustrate a broader interpretation that respects workers’ rights while preventing abuse of temporary absence as a pretext for termination. [citation]