Unfair dismissal – Despido improcedente

20 enero 2026 | Actualidad, Laboral

Facing an unfair dismissal in Madrid can be a stressful and confusing experience. At Manrique de Torres, we specialize in labour law and are here to provide you with top legal advice and representation. Our team of labour lawyers in Madrid is committed to defending your rights and ensuring you receive the compensation you deserve.

What is an unfair dismissal?

A dismissal is considered unfair when the employer terminates the employment relationship without a valid reason or fails to follow legal procedures. According to the Spanish Workers’ Statute (Article 55.4 ET), a dismissal may be declared unfair due to substantive or procedural issues.

Common causes of unfair dismissal

Substantive issues

  • Lack of evidence for alleged misconduct: If the employer cannot prove the reasons stated in the dismissal letter.

  • Insufficient severity of misconduct: When the employee’s behaviour is not serious enough to justify dismissal.

Procedural issues

  • Lack of written notice: Oral or implied dismissals are not legally valid.

  • Insufficient description of facts: The dismissal letter must clearly state the reasons.

  • No contradictory hearing: Especially important.

  • Failure to comply with collective agreement requirements: Even if not causing harm, all formal steps must be followed.

How can an unfair dismissal lawyer help you?

Hiring a labour lawyer in Madrid with expertise in unfair dismissals is essential to defend your rights and obtain fair compensation.

Our legal services for unfair dismissal cases

  1. Case evaluation: We assess your situation to determine whether the dismissal was unfair.

  2. Compensation claim: We calculate and manage your compensation claim.

  3. Legal representation: We represent you in negotiations and court proceedings if necessary.

  4. Ongoing legal advice: We guide you through each step of the process with clear explanations.

Manrique de Torres: Labour Law Experts in Madrid

At Manrique de Torres, we offer comprehensive legal services focused on unfair dismissals and employment conflicts:

  • Personalised legal advice: We review your case thoroughly and provide tailored solutions.

  • Compensation claims management: From calculation to negotiation.

  • Out-of-court settlements: We negotiate with your employer to avoid litigation where possible.

  • Court representation: We defend your case in court if needed.

  • Legal appeals: We handle appeals in case of unfavourable judgments.

Know your rights: applicable laws

Workers’ Statute (Estatuto de los Trabajadores)

Regulates employment relationships and protects workers’ rights in Spain.

Labour Jurisdiction Act (Ley Reguladora de la Jurisdicción Social)

Outlines the procedures to resolve employment disputes, including unfair dismissals.

Collective Agreement

The collective agreement of your industry or company may include specific protections and requirements.

Why choose Manrique de Torres?

  • Proven experience: Our Madrid-based labour lawyers have a strong track record in unfair dismissal cases.

  • Personal attention: We provide close, client-focused service.

  • Successful outcomes: We strive to achieve the best results for every client.

Contact – Labour Lawyers in Madrid

If you’ve suffered an unfair dismissal in Madrid, contact us for a free initial consultation. Our law firm is centrally located in Madrid and ready to help you secure justice and fair compensation.

acing an unfair dismissal in Madrid can be a stressful and confusing experience. At Manrique de Torres, we specialize in labour law and are here to provide you with top legal advice and representation. Our team of labour lawyers in Madrid is committed to defending your rights and ensuring you receive the compensation you deserve.

What is an unfair dismissal?

A dismissal is considered unfair when the employer terminates the employment relationship without a valid reason or fails to follow legal procedures. According to the Spanish Workers’ Statute (Article 55.4), a dismissal may be declared unfair due to substantive or procedural issues.

Common causes of unfair dismissal

Substantive issues

  • Lack of evidence for alleged misconduct: If the employer cannot prove the reasons stated in the dismissal letter.

  • Insufficient severity of misconduct: When the employee’s behaviour is not serious enough to justify dismissal.

Procedural issues

  • Lack of written notice: Oral or implied dismissals are not legally valid.

  • Insufficient description of facts: The dismissal letter must clearly state the reasons.

  • No contradictory hearing: Especially important when dismissing employee representatives or union members.

  • Failure to comply with collective agreement requirements: Even if not causing harm, all formal steps must be followed.

How can an unfair dismissal lawyer help you?

Hiring a labour lawyer in Madrid with expertise in unfair dismissals is essential to defend your rights and obtain fair compensation.

Our legal services for unfair dismissal cases

  1. Case evaluation: We assess your situation to determine whether the dismissal was unfair.

  2. Compensation claim: We calculate and manage your compensation claim.

  3. Legal representation: We represent you in negotiations and court proceedings if necessary.

  4. Ongoing legal advice: We guide you through each step of the process with clear explanations.

Manrique de Torres: Labour Law Experts in Madrid

At Manrique de Torres, we offer comprehensive legal services focused on unfair dismissals and employment conflicts:

  • Personalised legal advice: We review your case thoroughly and provide tailored solutions.

  • Compensation claims management: From calculation to negotiation.

  • Out-of-court settlements: We negotiate with your employer to avoid litigation where possible.

  • Court representation: We defend your case in court if needed.

  • Legal appeals: We handle appeals in case of unfavourable judgments.

Know your rights: applicable laws

Estatuto de los Trabajadores

Regulates employment relationships and protects workers’ rights in Spain.

Ley Reguladora de la Jurisdicción Social

Outlines the procedures to resolve employment disputes, including unfair dismissals.

Collective Agreement

The collective agreement of your industry or company may include specific protections and requirements.

Why choose Manrique de Torres?

  • Proven experience: Our Madrid-based labour lawyers have a strong track record in unfair dismissal cases.

  • Personal attention: We provide close, client-focused service.

  • Successful outcomes: We strive to achieve the best results for every client.

Contact – Labour Lawyers in Madrid

If you’ve suffered an unfair dismissal in Madrid, contact us for a free initial consultation. Our law firm is centrally located in Madrid and ready to help you secure justice and fair compensation.

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