Spain: When is a dismissal of an employee during temporary disability declared null and void for discrimination grounds?

An employee diagnosed with essential thrombocytosis, celiac disease and lymphocytic colitis, pathologies that caused successive casualties, was fired. Actually, after her medical discharge, the employee did not go to work for health reasons and subsequently took a vacation, and it was upon her return when the dismissal occurred.

The employee brought an action to the Labour Court applying the nullity of the dismissal for discrimination grounds.

The High Court of Madrid declared the dismissal null and void, since the circumstance of a lasting limitation of the functional capacity of the worker due to common illness (later qualified as disability) is present. This makes it practically impossible to return to the job, as can be seen in the employee’s numerous ups and downs, which prevented her from doing so under normal conditions of efficiency, performance and continuity demanded by the labor market.

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