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The lack of training of an employee made redundant constitutes a specific harm that does not per se make the termination unfair

An employee who had more than 20 years of service and had not benefitted from any complementary training during the performance of her employment contract challenged the validity of her redundancy.

The judges of the Court of appeal upheld the employee’s claim on the grounds that the employer had neglected their duty to accommodate the employee’s adaptation to the evolution of her employment, depriving her of an opportunity of redeployment in a position of the same category, or requiring equivalent skills.

However, in a ruling of September 12, 2018, the French Supreme Court rejected this analysis. It recalled that in breaching their duty to accommodate the employee’s adaptation to the evolution of her employment, the employer causes a specific harm to the employee that in no way deprives her her redundancy of a valid cause.

It appears from this decision that the lack of training of an employee should not be equated to an absence of proposition of training adaptation on a redeployment position, which could deprive the dismissal of a fair cause. In the absence of such a redeployment opportunity, the employee can only claim for damages independently from the termination of her employment contract (provided she substantiate a specific harm caused by the absence of training).

The French Supreme Court., 12 September 2018 n°17-14257