France: The Statute of Limitation in Claiming of Being a Victim, for Reporting Bullying, Sexual Harassment is 5 Years

On 9 October 2024, the French Supreme Court ruled that employees who wish to claim damages due to termination of their employment contract because they reported bullying and/or sexual harassment in the workplace have 5 years to bring such claim before the Employment Tribunal. This period starts running not from the date of the end of the employment contract but from the date the employees became aware of these acts of bullying.

Employees have 1 year to challenge the termination of their employment contract and 2 years to bring a claim relating to the performance of their employment contract. However, the French Supreme Court ruled that given that the statute of limitations on claims of bullying and/or sexual harassment is 5 years (starting from the date at which the employee becomes aware of such harassment), this should supersede the other statutes of limitations regarding termination and/or performance of the employment contract.

This increases the risk of employees using such grounds to challenge the termination of their employment contract not only when they have been dismissed but also when they have resigned (on the basis that their resignation should be considered constructive dismissal). It should be noted that there has already been an increase in such claims as it allows employees to claim higher damages than the set damage scale implemented since September 2017.

Key Action Points for Human Resources and In-House Counsel

Ensure that you have an effective whistleblowing policy in place to be aware and address bullying and/or sexual harassment claims.

Implementing exit interviews is also a good way to identify any possible future claims.