July 2019





1. Retaliatory Dismissal of an employee for informing a candidate that she was not being hired because she was pregnant

The Court of Justice of the European Union has ruled that European law against sex discrimination protects an employee who supported the hiring of a candidate who was discriminated against for being pregnant from retaliatory measures taken by the employer, even if the employee intervened as a witness in the context of the investigation of the candidate’s complaint and the employee’s witness statement does not satisfy the formal requirements established in domestic legislation in order to be protected.

2. Labour conditions of employees subrogated by an Insourcing of municipal public services are automatically maintained for the transferee

The Court of Justice of the European Union has rejected the possibility that employees affected by an insourcing of public services in connection with which European legislation on transfers of undertakings is applicable and the transferee is a town council must be subject to a public-recruitment process and be bound by a new labour contract, as they cannot be placed in a less-favourable position solely as a result of the transfer.

3. Applicability of european laws on transfers of undertakings to a company lacking complete autonomy that was created with the aim of being dissolved

The Court of Justice of the European Union has accepted the non-fraudulent applicability of European laws on transfers of undertakings to a new company lacking total autonomy from its parent company and that was created with the aim of being dissolved insofar as it has sufficient safeguards ensuring access to the factors of production of a third party so as not to be dependent upon the economic choices unilaterally made by the parent company.

4. Nullity of the calculation method for part-time employees’ retirement pensions for being discriminatory against women

The Constitutional Court has made a finding of gender discrimination in relation to the applicability of a “part-time” reduction coefficient in the calculation method for the retirement pensions of part-time employees when compared to that for full-time employees since, statistically, the vast majority of part-time employees are women.

5. Validity of the witness statement of a dismissed employee’s mother

The High Court of Justice of Madrid has admitted a statement by the petitioning party’s mother having considered it a directly relevant piece of first-hand testimony of a verbal agreement between the employee and the employer supporting a finding of an unfair dismissal.



In case of any doubts or comments, please do not hesitate to contact


Ignacio García-Perrote


Mario Barros


Juan Reyes


Ana Alos


Jorge Gorostegui


Raúl Boo


The information contained in this Newsletter is of a general nature and does not constitute legal advice