CJEU: Case C-631/22, 18 January 2024

The Court of Justice has issued a ruling on a Spanish case concerning a household refuse collection vehicle driver who suffered an accident at work. As he was unable to carry on doing this job, his employer redeployed him to a driving job in the mobile collection point sector. This work was less physically demanding, involved less driving time and was compatible with his physical limitations. At the same time, the national social security institute refused to recognise that the employee in question was now permanently unable to work. However, after he lodged an appeal, his permanent disabled status was finally acknowledged. The employer had exercised its right under Spanish law to terminate the driver’s contract of employment, because once it has been determined that an employee is permanently and totally unable to carry on their normal occupation, the employer is automatically entitled to terminate their contract of employment, without having to comply with any formalities and without such termination being conditional on any prior obligations linked to “reasonable accommodation”, in contrast to the provisions contained in EU Directive 2000/78. The CJEU therefore held that Spanish law did not comply with EU law, and that prior to any termination, the employer must either “first make or maintain reasonable accommodation allowing this worker to hold on to their job,” or “demonstrate, if applicable, that such accommodation would give rise to a disproportionate burden”.