Spanish court gives hope to firms in trouble

In the current economic climate, Spanish employers will welcome a recent decision of the Spanish Supreme Court in Fundiciones Ocariz, SA and Akozem, SL v Angel.

The claimant (Angel) was one of eight employees dismissed due to his employer’s financial difficulties.

The dismissals were initially held to be unfair as the courts said they would make no difference to the company’s profitability.

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

Email(Required)

OptOut

From time to time, we will send you emails about selected products, events and services from Personnel Today and OHW+ - but you can choose to opt-out at any time. If you do not wish to receive these emails, please tick this box.

Name

This field is for validation purposes and should be left unchanged.

Δ

However, the Supreme Court has now held that as a general rule, provided an employer can demonstrate it is in serious financial difficulties and follows a fair procedure, any dismissals will be fair. The employer made losses of €5m in the past four years.