France: An Advance Warning Can Render a Dismissal Unfair

An HRD called an employee to warn him that he was going to receive his official dismissal letter. The employee then challenged his dismissal, stating that he had been dismissed by telephone and that this rendered his dismissal automatically unfair and allowing him to claim damages.

The letter was sent the same day as the telephone call was made. Moreover, the letter was signed by the HRD and the HRD made this call to avoid the employee coming to work and being told in front of his colleagues that he had been dismissed, which was not deemed pertinent by the Supreme Court.

Key Action Points for Human Resources and In-House Counsel

Ensure that you fully and strictly comply with the various steps of the dismissal process as set out by the French Labour law.