September 2025
Gemma Fabregat, Of Counsel at Sagardoy, analyses four recent judgments addressing significant issues in labour law.
Case 1: Indirect Discrimination by Association. Reasonable Adjustments
The judgment of the Court of Justice of the European Union (First Chamber) of 11 September 2025 marks a milestone in the interpretation of Directive 2000/78/EC. The Court expressly confirmed that the prohibition of indirect discrimination on grounds of disability also extends to workers who, although not themselves disabled, suffer disadvantage at work due to the care they provide to a disabled family member (discrimination by association). Furthermore, the Court held that employers are required to provide reasonable adjustments for such worker-carers, provided these measures do not impose a disproportionate burden.
Case 2: Variable Incentives and Sick Leave: Unilateral Reduction Prohibited
Supreme Court Judgment No. 725/2025, of 16 July, resolves a unifying appeal in cassation brought by a senior shop assistant against the Andalusian High Court of Justice (Málaga Division) Judgment No. 1290/2023, of 12 July, which had reduced the incentive payment awarded at first instance by discounting the days the employee had been on sick leave during the accrual period.
Case 3: Risk During Pregnancy, Pay and Discrimination
Supreme Court (Social Chamber) Judgment No. 3806/2025, of 18 July, resolves a unifying appeal in cassation lodged by a gynaecologist against Madrid High Court of Justice Judgment No. 533/2023, of 31 May, which had overturned the favourable ruling of Madrid Labour Court No. 35. The dispute centred on whether the failure to pay on-call allowances not performed during periods of contract suspension for risk in pregnancy, maternity and childcare leave, and accumulated breastfeeding leave amounts to sex discrimination.
Case 4: Violation of the Right to Strike in and by a Trade Union
Supreme Court (Full Social Chamber) Judgment No. 745/2025, of 18 July, resolves cassation appeals filed by a Galician trade union and fifteen lawyers and employment law advisers in its legal department against Galicia High Court of Justice Judgment No. 1704/2023, of 27 March. The case concerned the legal assessment of burofaxes sent by the employer on 24 January 2023 during a strike called by the union’s legal staff, and the justification and calculation of additional compensation for breach of fundamental rights.
