France: Notification of Dismissal on Disciplinary Grounds Must Occur Within 1 Month After the Employee was Summoned to a Pre-Dismissal Meeting
In a ruling dated 22nd January 2025, the employment section of the French Supreme Court confirmed that if an employer decides to postpone the original date of the pre-dismissal meeting when the dismissal envisaged is on disciplinary grounds.
In this case, an employee had been summoned to a pre-dismissal meeting initially scheduled for 29 August 2019, which was then postponed at the employer’s initiative to 6 September 2019, and the employee was subsequently dismissed for serious misconduct by letter dated 7 October 2019.
The Court confirmed that the one-month deadline for notifying disciplinary dismissal starts from the date initially scheduled for the preliminary meeting when the postponement is at the employer’s initiative. In this case, since the dismissal notification was issued on 7 October 2019, more than one month after 29 August 2019. It was deemed irregular. The dismissal was, therefore, deemed to be not based on real and serious grounds, giving the employee a right to claim damages for unfair dismissal.
It should be noted that when the postponement is made at the employee’s request, the one-month deadline will run from the new date of the pre-dismissal meeting.
Key Action Points for Human Resources and In-House Counsel
Companies should strictly adhere to legal deadlines in disciplinary procedures.
