France: The Fact that an Employee Does Not Have the Required Diploma is Not Sufficient to Justify Their Dismissal on Such Grounds
On 26th March 2025, the French Supreme Court ruled that an employer cannot dismiss an employee on the grounds that they do not have the required diploma when such employee has been employed for several years.
In this case, the employer had bought a pharmacy wherein several pharmacy technicians worked. A few years later, during a state health authority audit, the employer discovered that one of the pharmacy technicians does not hold the required diploma. The employer dismissed the employee for gross misconduct on the grounds that this was a breach of loyalty as the employee not only should have informed the employer but also sought to hide this fact by refusing to respond to the employer’s repeated requests to produce such diploma, which could have resulted in criminal sanctions for the employer.
Whereas the Court of Appeal had ruled in favour of the employer, the French Supreme Court ruled that the employer could not base the dismissal for gross misconduct on such grounds as the employer had been negligent in working with such employee for many years without checking this requirement.
Key Action Points for Human Resources and In-House Counsel
Ensure that your recruitment and M&A process includes checking any required diplomas and qualifications.
