Dismissals and disciplinary procedures in Barcelona

Before deciding: the facts

What exactly happened, when, and how do we know? Sanctions become time-barred within short periods that start when the company learns of the facts, so the investigation must be prompt. Reviewing evidence, hearing the people involved and checking how similar cases were handled are all part of the analysis.

When an investigation involves devices or communications, internal policies and privacy limits must be respected. Evidence obtained improperly can undermine an otherwise reasonable decision.

Proportionality and procedure

Collective agreements usually grade misconduct and sanctions. Choosing a proportionate measure is as important as proving the facts. Some groups — employee representatives, for example — require a formal adversarial file, and the agreement may add steps such as a prior hearing.

In an objective dismissal, the grounds must be proven and the formalities — letter, notice, severance — met precisely. A formal error can turn a well-founded decision into an unfair dismissal.

The letter and the conversation

The letter should set out specific, dated, understandable facts, not generic conclusions. It must be defensible in court without adding new facts. Preparing the delivery meeting — who leads it, where, what is said — is also part of a respectful process.

In many cases it is sensible to explore a negotiated exit. Analysing the likely cost of each scenario helps the business decide on an informed basis.

If a claim follows

If the employee challenges the decision, prior conciliation is an opportunity to settle. If it does not succeed, I prepare the defence before the labour courts, with evidence organised from the start.

Experience acting for both companies and employees helps me anticipate the other side’s arguments. I do not promise outcomes; I do offer an honest analysis of strengths and weaknesses.

Situations that need particular care

Some employees have reinforced protection: those who are pregnant or on birth and childcare leave, those exercising work-life balance rights, employee representatives, or people who have recently raised a claim or complaint. A dismissal in these contexts may be declared null unless a genuine reason unrelated to that situation is proven. Identifying this before deciding is essential.

Particular care is also needed with dismissals of employees on sick leave, those following an internal conflict, or several dismissals in a short period, which can reach collective-dismissal thresholds without anyone having planned for it.

Alternatives to sanctions

Not all inappropriate conduct calls for a formal sanction. Sometimes a documented conversation, a warning, an improvement plan or a change of team solves the problem better. Choosing the right response, and recording it, also lays the groundwork if the conduct recurs. My background in Psychology helps weigh these nuances with team leaders.

Time limits for sanctioning

Misconduct cannot be sanctioned indefinitely. Under the Workers' Statute, minor offences generally lapse after ten days, serious ones after twenty and very serious ones after sixty, counted from when the company became aware of them, and in any case six months after they were committed. Delaying a decision to gather more information is sometimes necessary, but it should be done consciously, because an otherwise well-founded sanction can fail purely on timing.

Proportionality and the collective agreement

Most collective agreements contain a list of offences and the sanctions available for each. A sanction that does not match the classification in the applicable agreement, or that is disproportionate to the conduct and the worker's history, is vulnerable. Consistency also matters: if similar conduct by others was tolerated, that will be raised.

Dismissal is the most severe response and needs a serious and culpable breach. Courts look at the whole context, including length of service, previous warnings and the real impact of the conduct.

Special formalities for some workers

Workers' representatives are entitled to a prior adversarial file before being sanctioned for serious or very serious misconduct. Where the company knows that a worker is a union member, the union delegates must be heard. Some agreements extend these formalities to all staff. Skipping them can make the sanction invalid regardless of the facts.

Writing the letter

The letter must describe the facts clearly enough for the worker to understand what they are accused of and defend themselves: dates, conduct and consequences. Generic statements such as "loss of trust" or "poor attitude" without concrete facts are a common reason for losing a case. The facts in the letter define the limits of what can later be argued in court.

What to expect from the first conversation

In our first contact you tell me what happened and what worries you. I will tell you whether any deadline requires immediate action, which documents to gather and, broadly, which routes are available. If we decide to work together, you will receive the scope of the engagement and the fees in writing before anything starts.

You do not need to have everything in order or know the legal name for your situation — that is precisely my job. The one thing that matters is not letting time slip by when deadlines are involved. I work in Spanish, Catalan and English.