France: Not Respecting the Labour Doctor’s Request on Adapting an Employee’s Job Can Be Considered Discrimination
On April 2nd 2025, the French Supreme Court ruled that the fact that a company refused to implement the changes requested by the Labour Doctor is considered sufficient to demonstrate discrimination based on the employee’s state of health if the company cannot provide any objective reasons for such refusal.
Companies are obliged to comply with the Labour Doctor’s requests. Otherwise, this can be considered a breach of their health & safety obligations. In principle, any subsequent dismissal would be considered unfair. If a company considers it has grounds to refuse because the Labour Doctor’s request is impossible to implement or it places a disproportionate burden on the company, this must be communicated in writing to the employee and to the Labour Doctor or the company can initiate proceedings before the Employment Tribunal. However, if the company does not respond or does not have good reasons not to comply, this can lead to the dismissal being considered not only unfair but discriminatory and therefore, null and void.
Key Action Points for Human Resources and In-House Counsel
Ensure you also respond to the Labour Doctor’s requests and only refuse when you have sufficiently strong grounds to do so.
