Employee learns of her dismissal, falls down the stairs: after trying to overturn her firing and recover €30,000 in compensation, the court says no

A regional court in Andalusia has upheld the dismissal of a sales assistant who fell down stairs at her workplace on the same day she was told her contract was ending, ruling that the firing was unfair but not null and void. The woman had sought an additional €33,001 in compensation, arguing that the dismissal was discriminatory because of her health condition after the accident.

The case dates back to April 15, 2023. According to the facts described in the ruling, the employee had been working as a shop assistant since late 2022. On that day, near the end of her morning shift, the store manager verbally informed her that the company was terminating her contract and that the formal paperwork would be sent by email. She then went up to a mezzanine area to collect her belongings. While coming back down the stairs, she suffered a serious fall.

After the accident, the company formalized the termination by email and removed her from internal communication groups. In that message, the employer acknowledged that the dismissal was unfair and stated that it would pay her €346.50 in compensation. The employee was later placed on sick leave for a cervical contusion. The employer refused to classify the incident as a workplace accident, insisting that the employment relationship had already ended before the fall.

The worker challenged the dismissal before the labor court in Córdoba, asking for it to be declared null because of alleged discrimination. After losing at first instance, she appealed to the High Court of Justice of Andalusia. She argued, with witness statements, that the fall had happened before she was verbally told about the termination.

However, the court rejected that version of events. It said the appeal stage does not allow a full re-evaluation of the evidence unless there is a clear error by the first judge, and no such mistake had been shown. The judges also ruled that a simple fall does not amount to discrimination based on health status when the decision to dismiss had already been made and communicated before the accident.

As a result, the court confirmed that the dismissal remained unfair, but it would not be declared null and void. That means the employee will not receive the extra damages she had requested for discrimination. The ruling can still be appealed to Spain’s Supreme Court.