{"id":41656,"date":"2026-05-13T08:00:54","date_gmt":"2026-05-13T08:00:54","guid":{"rendered":"https:\/\/www.mgglegal.com\/?p=41656"},"modified":"2026-05-13T08:01:14","modified_gmt":"2026-05-13T08:01:14","slug":"no-cumulative-indemnities-where-the-dismissal-is-both-unfair-and-procedurally-irregular","status":"publish","type":"post","link":"https:\/\/www.mgglegal.com\/en\/no-cumulative-indemnities-where-the-dismissal-is-both-unfair-and-procedurally-irregular\/","title":{"rendered":"No cumulative indemnities where the dismissal is both unfair and procedurally irregular"},"content":{"rendered":"\n

In a ruling dated 6 May 2026 (French Supreme Court, 6 May 2026, No. 25-12.673<\/em>), the French Supreme Court provides important clarification regarding the non-cumulation of the indemnity for irregular dismissal procedure with the indemnity for dismissal without real and serious cause.<\/p>\n\n\n\n

As a reminder, since the entry into force of the so-called “Macron” ordinances (Ordinance No. 2017-1387 of 22 September 2017 and Ordinance No. 2017-1718 of 20 December 2017), where a dismissal is held to lack a real and serious cause, the employee is awarded compensation calculated in accordance with the statutory scale set out in Article L. 1235-3 of the French Labour Code. If the dismissal procedure is irregular, Article L. 1235-2 of the French Labour Code provides for compensation capped at one month’s salary. Prior to these ordinances, the rules governing the cumulation of these two indemnities varied according to the employee’s length of service and the size of the company.<\/p>\n\n\n\n

Facts<\/strong><\/p>\n\n\n\n

In this case, an employee engaged as Director of Operations was dismissed in May 2020. At the time of his dismissal, he had less than two years’ service. He brought proceedings before the labour court to challenge the validity of his dismissal.<\/p>\n\n\n\n

Procedure<\/strong><\/p>\n\n\n\n

The Court of Appeal of Lyon held the dismissal to be devoid of real and serious cause and awarded the employee damages on that basis. In addition, it ordered the employer to pay one month’s salary as compensation for procedural irregularity, on the ground that the five-day period between the summons to the preliminary interview and the interview itself had not been complied with. The employer challenged this decision before the French Supreme Court, arguing that the indemnity for irregular dismissal procedure cannot be cumulated with the indemnity for dismissal without real and serious cause, and that the Court of Appeal had thereby violated Article L. 1235-2 of the French Labour Code.<\/p>\n\n\n\n

Decision<\/strong><\/p>\n\n\n\n

The French Supreme Court quashed the Court of Appeal’s decision on the ground at issue. It held that it follows from Articles L. 1235-2, L. 1235-3, and L. 1235-5 of the French Labour Code, in their draftings issued from Ordinances No. 2017-1387 of 22 September 2017 and No. 2017-1718 of 20 December 2017, that the indemnity for non-compliance with the dismissal procedure does not cumulate with the indemnity awarded for dismissal without real and serious cause, regardless of:<\/p>\n\n\n\n