Disciplinary sanctions: the Supreme Court allows downgrading

The Spanish Workers’ Statute, particularly Article 58, recognises the employer’s disciplinary authority, allowing sanctions to be imposed based on the seriousness of the offence and in accordance with the applicable legal and collective agreement requirements.

Disciplinary offences are typically classified as minor, serious, or very serious, and sanctions must be proportionate. Failing to meet formal and procedural requirements can lead to the annulment of the sanction—especially for very serious offences, which demand stricter standards of proof and documentation.

Offences considered “very serious” typically include theft, breach of trust, repeated insubordination, serious insults, or harassment (whether physical or moral), as outlined in Article 54.2 of the Workers’ Statute. Common sanctions for such behaviour include suspension of employment and pay or summary dismissal without severance.

According to Article 60 of the Workers’ Statute, sanctions for very serious offences expire after 60 days from when the employer became aware of the offence—or after six months from when the offence occurred, whichever is earlier.

The Spanish Supreme Court has confirmed that a judge may downgrade a “very serious” sanction to a serious or minor one, provided the facts do not justify the higher classification. In a recent case, a worker initially sanctioned for a very serious offence had their sanction reduced by the court, allowing the company to impose a less severe sanction within ten days.

When the court downgrades the offence, the employee may lose the right to file further appeals such as cassation or higher court reviews, since those are generally reserved for confirmed very serious sanctions.

In July 2025, the Supreme Court annulled a 60-day suspension imposed on a worker because the disciplinary letter lacked a start date for the sanction. This omission was deemed a violation of legal certainty and left the worker defenceless, as it allowed the employer to arbitrarily decide when the suspension would begin.

In another recent case, a worker used a company-issued meal card while on medical leave. Though the amounts were small, the court upheld the dismissal on the basis of breach of contractual good faith, underlining how even minor misconduct may justify serious consequences when trust is broken.

In yet another case, a worker was penalised for allegedly exceeding paid leave entitlements. The court sided with the employee, ordering the employer to revoke the sanctions, return the deducted salary, and apply late-payment interest—reasserting the employee’s right to paid leave.

Properly managing the disciplinary procedure and understanding the possibility of judicial downgrading is a key tool for minimising risks. To achieve this, it is essential to:

• Accurately classify disciplinary offences.

• Draft formal disciplinary letters.

• Assess and define the strategy in the event of a challenge.

• Proactively manage legal remedies if the judge downgrades the sanction.