France: Preparing to Replace an Employee is not a Dismissal

On 26^th March 2025, the French Supreme Court ruled that preparing an offer letter in view of hiring a new employee before the employee he was due to replace had been officially dismissed does not constitute a de facto and thus, an unfair dismissal.

In this case, an employee claimed that the fact that the company’s General Manager had asked the HR Director to prepare an offer letter for the person due to replace him was sufficient to show the company’s definitive intention to dismiss him. Because this was done before, he had been invited to his pre-dismissal meeting, he considered that he had been de facto dismissed without the proper procedure being followed, which rendered such dismissal unfair and allowed him to claim damages.

Whereas the Court of Appeal had ruled in favour of the dismissed employee, the French Supreme Court ruled that the fact that the company’s actions were not sufficient to demonstrate the company’s definitive intention to terminate the employment contract as the offer letter had not been sent to the potential future employee and that the company had not publicly announced its intention to hire such person. The company could, therefore, have decided not to dismiss the employee.

Key Action Points for Human Resources and In-House Counsel

Ensure that you are aware of the procedural rules when envisaging dismissing employees.