February 2026
Gemma Fabregat, Of Counsel at Sagardoy, analyses three recent judgments addressing key issues in employment law.
Case 1: Calculation of absences for the purpose of disciplinary dismissal
Supreme Court Judgment (STS) 1283/2025, of 19 December 2025, Appeal No. 702/2025
The judgment resolves an appeal in cassation for the unification of doctrine concerning the method for calculating the “one‑month” period to which the applicable collective agreement links absences from work as conduct susceptible to disciplinary sanction. Specifically, the Court examines whether said period must be understood as referring to a natural calendar month or to a continuous period calculated from date to date.
Case 2: Temporary incapacity supplement and medical on‑call duties
Supreme Court Judgment (STS) 1282/2025, of 18 December 2025, Appeal No. 86/2024
The judgment resolves an ordinary appeal in cassation lodged by Parc Sanitari Sant Joan de Déu against the Judgment of the High Court of Justice of Catalonia (STSJ) No. 8/2023, of 27 March, delivered in collective dispute proceedings brought by UGT–Serveis Públics de Catalunya, with the Public Prosecutor’s Office intervening. The dispute concerns the interpretation of Article 53 of the Second and Third Collective Agreements of SISCAT relating to the employer‑funded supplement to statutory temporary incapacity benefits.
Case 3: Dismissal on grounds of supervening incapacity and duty of reasonable accommodation
Supreme Court Judgment (STS) 1284/2025, of 22 December 2025, Appeal No. 3965/2024
The judgment resolves an appeal in cassation for the unification of doctrine lodged by Leroy Merlin España, S.L.U. against Judgment No. 480/2024 of the High Court of Justice of Madrid (STSJ), of 20 June, Appeal No. 149/2024, which upheld the finding that the dismissal of a worker on grounds of supervening incapacity was unfair.
