France: Discrimination – Making false accusations justifies disciplinary dismissal

An employee who denounces or reports acts of discrimination benefits from disciplinary immunity: he may not be subject to any sanction on this ground.  Any such sanctions are declared null and void by art. L. 1132- 3 of the French Labour Code.

However, the Court of Cassation, in a judgment of 13 January 2021, sets a limit to this principle. The court held that a report made in bad faith may cancel this immunity, which, it states, presupposes that the employee is aware of the false nature of the facts he is reporting.

It is not enough that the facts denounced lack full truth. Only intentionally false statements (lies), which their author knew to be inaccurate, may be subject to disciplinary proceedings.

The solution is hardly surprising and is based on a principle of case law established in the field of harassment.

For more information on these articles or any other issues involving labour and employment matters in France, please contact Joël Grangé (Partner) of Flichy Grangé Avocats at grange@flichy.com or visit www.flichygrange.com.