Harassment and bullying: Repetition of the same act can constitute psychological harassment

In a ruling of 21 October 2026, the French Supreme Court, Labour Division, ruled that 279 messages sent to an employee during their time off can constitute psychological harassment. 

Under French labour law, no employee shall be subjected to repeated acts of psychological harassment which have as their object or effect a deterioration in their working conditions likely to infringe on their rights and dignity, to alter their physical or mental health or to compromise their professional future. 

In the case, the Court of Appeal had judged that repeated acts needed to be several different types of actions and that 279 identical actions (i.e. the fact that the employer sent emails or tried to reach an employee during their time off) were not sufficient. 

The French Supreme Court disagreed and considered that the repetition of the same type of action could constitute psychological harassment. 

Key Action Points for Human Resources and In-house Counsel 

Seek legal advice before deciding what can constitute psychological harassment and ensure you respect employees’ right to disconnect.