April 2026
Gemma Fabregat, Of Counsel at Sagardoy, reviews three recent judgments addressing key issues in employment law.
Case 1: The right to strike and the use of technical means to neutralise its effects in the context of minimum services
Constitutional Court Judgment (STC) 24/2026, of 12 March
STC 24/2026 of 12 March rules on an amparo appeal examining whether the employer’s decision, during certain strike days at the Seville Metro, to operate double trains instead of the single trains scheduled prior to the strike notice infringed the fundamental right to strike recognised in Article 28.2 of the Spanish Constitution, by significantly reducing the actual impact of the strike on service provision.
Case 2: Nullity of a collective dismissal due to late notification to the labour authority and defective disclosure of documentation
Supreme Court Judgment (STS) 290/2026, of 24 March
STS 290/2026 of 24 March resolves a cassation appeal against National Court Judgment (SAN) 94/2025 of 30 June 2025, which declared a collective dismissal null and void. The Supreme Court addresses two matters of particular practical relevance: the late notification of the commencement of the consultation period to the labour authority and the scope of the employer’s obligation to provide information and documentation during that period.
Case 3: Compensation for lack of notice in senior executive employment following unfair dismissal
Supreme Court Judgment (STS) 281/2026, of 16 March
STS 281/2026 of 16 March resolves a cassation appeal for the unification of doctrine, examining whether, in a special senior executive employment relationship, a dismissal subsequently declared unfair gives rise to entitlement to the contractually agreed compensation for lack of notice, even where the contract expressly excludes such requirement in cases of dismissal.
