Unfair dismissal lawyer in Spain 2026 7 checks before claiming
Focus Employees, executives and companies facing an existing dismissal.
Main risk Missing the deadline, miscalculating severance or negotiating without evidence.
Useful decision Review the letter, salary, seniority, conciliation and claim before signing.
Legal review Employment-law criteria focused on deadlines, severance and evidence.
These are the 7 unfair dismissal lawyer checks in Spain we recommend reviewing in 2026:
- 01 20-working-day deadline
- 02 Dismissal letter and stated cause
- 03 Conciliation form and room for settlement
- 04 Severance, salary basis and final settlement
- 05 Employment claim and evidence
- 06 Unfairness, nullity or fairness
- 07 Strategy before signing an agreement
Searching for an unfair dismissal lawyer in Spain usually means there is already a dismissal letter, a severance offer, a conciliation date or an urgent question about whether the employer acted correctly.
A dismissal challenge moves quickly. Before discussing an amount, it is important to review effective date, letter, cause, salary basis, seniority, final settlement, possible nullity indicators and available documentation. One mistake can change the strategy.
For employees and executives, the aim may be severance, reinstatement where applicable, outstanding amounts or a negotiated exit. For companies, the aim is to defend the decision, correct formal risks, assess settlement and avoid unnecessary litigation costs.
This guide focuses on dismissal claims, severance, conciliation and employment litigation. It does not promise outcomes; it identifies the points that should be reviewed before deciding.
7 checks before challenging an unfair dismissal
1. 20-working-day deadline
The first point is the deadline. Article 59 of the Spanish Workers’ Statute states that the action against dismissal expires after twenty working days. The social jurisdiction rules clarify that Saturdays, Sundays and public holidays at the court location are not counted.
It is usually unwise to wait until the company improves the offer or until every document is perfect. The calendar should be secured first, together with the remaining time for conciliation and, if needed, the claim.
2. Dismissal letter and stated cause
The dismissal letter shapes the procedure. It should be reviewed for facts, effective date, disciplinary or objective cause, formal requirements and documents delivered. A generic or vague letter can open the way to argue unfairness.
If the dismissal is disciplinary, it is also important to review prior hearing where applicable, the facts alleged and whether the employer will be able to prove them. If it is objective, the economic, technical, organisational or production cause, notice, severance made available and selection criteria should be checked.
3. Conciliation form and room for settlement
Before filing a claim, an administrative conciliation attempt is usually required. In Catalonia, the Generalitat explains through the administrative conciliation procedure that in dismissal and sanction cases the form is filed within the following 20 working days and that filing can suspend limitation periods.
Conciliation is not just a formality. It may close severance, correct the final settlement, acknowledge unfairness, avoid trial or record each party’s position. Preparing it without reviewing numbers and evidence reduces negotiating room.
4. Severance, salary basis and final settlement
Unfair dismissal severance is generally calculated on the legal reference of 33 days of salary per year of service, subject to the statutory cap. If the contract predates 12 February 2012, a transitional 45-day period may apply for the earlier period and 33 days for the later one.
In practice, disputes often concern seniority, salary basis, bonuses, commissions, extra payments, benefits in kind, linked contracts, transfers of undertaking or professional category. Severance should also be separated from final settlement, which pays outstanding salary items.
5. Employment claim and evidence
If there is no agreement, the dismissal claim must identify seniority, category, salary, working time, effective date, form of dismissal and facts alleged by the employer, among other details. The Law regulating the social jurisdiction requires that precision in dismissal proceedings.
Evidence should be prepared from the beginning: letter, contract, payslips, employment history, collective agreement, communications, evaluations, objectives, medical documents if relevant, time records and any item connected with cause, salary or possible nullity.
6. Unfairness, nullity or fairness
Not every disputed dismissal is unfair. Some dismissals may be fair if the company proves the cause and complies with the rules. Others may be null if there is breach of fundamental rights, discrimination, retaliation or protected situations.
The distinction matters because the possible outcome changes. Unfair dismissal usually opens the option between reinstatement and severance, with special rules for representatives. Null dismissal usually implies reinstatement and back pay.
7. Strategy before signing an agreement
A settlement can be a good solution, but it should be reviewed before signing. Amount, concepts included, taxation, payment method, waivers, confidentiality, non-compete, unemployment benefits, company certificate and outstanding amounts should all be checked.
The answer can change depending on the letter, cause, evidence, salary, seniority, collective agreement, protected status, dates and documents available. It is not advisable to accept or reject an offer without reviewing those elements.
Deadlines, conciliation and the employment claim
The usual sequence is to review the letter, calculate the deadline, prepare the conciliation form, attend the meeting and, if there is no agreement, file the claim before the employment court. The order is simple; the content of each stage is not.
Filing the conciliation form may suspend the period, but it should not be used as an excuse to rush the last days. If almost all the time is spent before conciliation, there may be little room left for a claim.
| Stage | What to review | Risk if omitted |
|---|---|---|
| Dismissal day | Letter, effective date, delivery, signature under protest and complete copy. | Confusing the first day of the deadline or losing communication evidence. |
| First days | Salary basis, seniority, collective agreement, payslips, settlement and cause. | Negotiating with incomplete figures or missing nullity and unpaid amounts. |
| Conciliation | Claims, amount, settlement room and effects of what is signed. | Closing claims without covering severance, settlement or outstanding amounts. |
| Court claim | Facts, evidence, classification, salary, seniority and defendants. | Filing a weak or late claim. |
Severance, settlement and possible scenarios
Unfair dismissal severance requires a careful calculation of salary and seniority. In profiles with bonuses, commissions, variable pay, expatriation, debated allowances, stock options or retention covenants, the calculation may require more than one payslip.
The final settlement should also be reviewed. It may include unpaid salary, unused holidays, pro rata extra pay, accrued bonus, commissions, expenses, overtime or other concepts. Accepting one global number can hide relevant errors.
For companies, the analysis should anticipate scenarios: defending fairness, acknowledging unfairness, negotiating an improved offer, correcting defects or assuming litigation risk.
Documents to prepare before conciliation
Before conciliation, it is useful to prepare a minimum document folder. The aim is not to collect paper for its own sake, but to answer four questions: what happened, when, how much is being claimed and which evidence supports each point.
Pre-conciliation checklist
- Dismissal letter: date, cause, facts, signature and delivery method.
- Contract and annexes: seniority, role, special covenants and category.
- Payslips: at least the last 12 months if there are variables, bonuses or commissions.
- Employment history: start date, linked contracts, transfers or changes.
- Collective agreement: salary, category, supplements and formal requirements.
- Communications: emails, messages, evaluations, warnings or instructions.
- Protected situations: medical leave, pregnancy, work-life balance, reduced hours, prior complaint or union representation.
Urgent review
Do you have a dismissal letter and an open deadline?
Before accepting an amount, we review deadline, severance, settlement and options for conciliation or court claim.
Common mistakes when claiming or defending
Assuming the severance offered is always correct
The figure may be wrong because of salary, seniority, variables or caps. The final settlement, holidays, bonus or outstanding amounts may also be missing.
Signing without understanding waivers
Some agreements include no-claim, confidentiality, deferred payment or broad waiver clauses. They may be valid, but their scope must be understood before signing.
Ignoring nullity indicators
Pregnancy, care rights, medical leave with discrimination indicators, previous complaint, harassment, retaliation or fundamental rights issues may require a strategy beyond unfairness and severance.
How GràciaCalbet can help
At GràciaCalbet we advise employees, executives and companies in dismissals, conciliations and employment court proceedings. We review letter, cause, evidence, severance, settlement, deadlines and possible nullity indicators before recommending a strategy.
Our approach combines employment law, litigation and business perspective. This is useful when the dismissal affects key profiles, executives, reorganisations, previous conflicts, complex remuneration packages or business decisions that must be defended with solid documentation.
To assess the case further, you can review our employment law area, our integrated services for companies and our work in employment litigation.
Frequently Asked Questions (FAQs)
When should I contact an unfair dismissal lawyer in Spain?
As soon as you receive the letter or know that the company has ended the relationship. The deadline is short and conciliation should be prepared with correct figures. A lawyer can review cause, salary, seniority, severance, settlement and possible nullity indicators before you sign.
How long do I have to claim unfair dismissal?
The general deadline is 20 working days from the dismissal or its effective date, depending on the case. Saturdays, Sundays and applicable public holidays are not counted. The conciliation form may suspend the period, but the calendar must be calculated precisely.
What severance applies to unfair dismissal?
In general, severance is calculated at 33 days of salary per year of service with the statutory cap. If the contract is older than 12 February 2012, a previous tranche at 45 days per year may exist. The precise calculation requires salary and seniority review.
Can I attend conciliation without a lawyer?
It may be possible, but it is not always prudent. Amounts, concepts, effects and waivers are negotiated at conciliation. If salary, seniority, nullity indicators or settlement clauses are disputed, the case should be reviewed first.
Can the company acknowledge unfairness at conciliation?
Yes. A conciliation agreement may acknowledge unfairness and set severance or other payments. Before accepting, calculation, payment terms, tax effects and waivers should be checked.
What is the difference between unfair and null dismissal?
Unfair dismissal normally leads to an option between severance and reinstatement. Null dismissal is linked to fundamental rights, discrimination or protected situations and usually implies reinstatement and back pay. The strategy depends on evidence and indicators.