January 2026
Gemma Fabregat, Of Counsel at Sagardoy, analyses three recent judgments addressing key issues in employment law.
Case 1: Additional compensation for unfair dismissal: the Supreme Court closes the debate
Supreme Court Judgment (STS) No. 1131/2025, of 26 November 2025
In this judgment, the Supreme Court confirms that, under the Spanish legal system, it is not appropriate to award compensation in excess of that provided for in Article 56.1 of the Workers’ Statute for unfair dismissal on the basis of Article 10 of ILO Convention No. 158 or Article 24 of the Revised European Social Charter.
Case 2: Pro rata payment of an exceptional bonus and absence of indirect sex discrimination
Supreme Court Judgment (STS) No. 1211/2025, of 9 December 2025
In this decision, the Supreme Court confirms that there is no indirect discrimination on grounds of sex where an exceptional bonus is paid on a pro rata basis according to working time, provided that the group concerned maintains a balanced representation of women and men, in accordance with Organic Law 3/2007.
Case 3: Compensation for non-pecuniary damage in null dismissals: judicial duty to rule even in the absence of quantification criteria
Supreme Court Judgment (STS) No. 1280/2025, of 17 December 2025
In this judgment, the Supreme Court reiterates that, where a violation of a fundamental right is established, the court must necessarily rule on compensation for non-pecuniary (moral) damage, even if the claimant has not set out the basis for its quantification in the claim, provided that a detailed determination of such damage is particularly difficult.
