Why do companies have to be (more) careful with IT furloughed workers?

On July 14, the comprehensive Law 15/2022 for equal treatment and non-discrimination entered into force. The rule, in essence, regulates the different types and cases of discrimination. However, there is a change introduced by this rule that has been a great innovation in the labor field, since it has proceeded to include as a case of discrimination "the disease or health condition, serological status and/or genetic predisposition to suffer from pathologies and disorders”. This extreme which, until now, was not recognized by himself as one of the causes of discrimination included in article 14 of the Constitution.

Until now, the Courts considered that the fact that a worker was dismissed due to temporary disability could not automatically entail discrimination. And therefore, as a consequence, the dismissal could not be considered null and void.

Since this legal provision already exists, we can conclude that the dismissal of a worker on leave for IT, who does not have a legally foreseen cause that justifies the decision to terminate, will be declared null and void.

For this reason, DADES and SERVEIS recommend that companies be very careful when making decisions that affect IT workers, since there is a possibility that the dismissal will not only be declared null and void (re-admission of the worker and payment of processing wages), but must compensate, in addition, the possible damage caused by having been the victim of a case of discrimination.

If you need more information, do not hesitate to contact DATA and SERVICES.