A Leroy Merlin employee in Spain, with more than 21 years at the company, was fired after a couple of customers stole 550 euros from the cash register where she was working. The events occurred on September 25, 2025, when a man distracted the employee by showing her a stack of banknotes while placing his hand in the cash drawer and removing several 50-euro notes. The worker, who had been with the company since 2004 and had benefited from a reduced workday for family reconciliation since 2011, was deemed responsible by the company, which opened a disciplinary process and proceeded with the dismissal.
The employee challenged the decision in court. The Court of First Instance of Vitoria-Gasteiz ruled in her favor at first instance, declaring the dismissal null. Leroy Merlin appealed to the Superior Court of Justice of the Basque Country, but the appeal was rejected. The court reviewed the surveillance footage and concluded that the worker showed no intent or bad faith, having been the victim of a maneuver created by the customers to distract her.
The court also considered that there were indications of indirect discrimination related to gender and the reconciliation of family and work life. Among these elements were the reduced workday that the employee had maintained for several years and the recent increase in that reduction, as well as the severity of the sanction applied. The burden was on the company to demonstrate that the dismissal had an objective justification independent of the family reconciliation situation, but it failed to rule out this suspicion.
The ruling stands: the company must reinstate the worker in her position, pay her the wages corresponding to the period she was away, and compensate her with 10,001 euros for violation of fundamental rights. The employee had been with the company since 2004 and had more than 21 years of seniority when the incident occurred.
