Spain: Company Christmas Dinner and Sexual Harassment

In this entry, we aim to comment on a case that has caused significant controversy in the Spanish labour law sphere, specifically the Judgement of the High Court of Justice of Galicia dated 19 June 2025 (Appeal no. 860/2025).

The facts took place at the Company’s (a financial bank) Christmas dinner in 2023.

Initially, a hierarchical superior attempted to kiss a colleague who rejected the kiss.

Later that night, involving the same parties, a sexual encounter took place in the bathroom, specifically oral sex, which the superior understood to be consensual, while the employee reported it as forced.

Before continuing with the labour law analysis, it should be noted that a parallel criminal proceeding was also initiated, which was dismissed due to insufficient evidence of a criminal offence.

Regardless, the judgement analysed in this entry resolves a dismissal challenge, as the hierarchical superior was dismissed due to the events at the Christmas dinner.

Contrary to the criminal judgement, in the labour law sphere the High Court of Justice of Galicia held that workplace harassment had occurred in this case and, consequently, ruled that the dismissal should be classified as fair.

The High Court of Justice of Galicia based its decision on the following criteria:

• The hierarchical position: he was the branch manager and the employee was an intern.
• The age difference between the parties (more than 30 years).
• The vulnerability of the employee due to alcohol consumption, confirmed by witnesses.

In conclusion, the labour law sphere differs—generally—from the criminal sphere, and proceedings, despite being based on the same underlying facts, follow entirely different rules to determine culpability or disciplinary liability.

Moreover, the High Court of Justice of Galicia, obiter dicta, recalls the importance of having a well-drafted harassment protocol, as well as highlighting the relevance of the Investigating Committee and its conclusions in defending dismissals for harassment.