A recent ruling by the Superior Court of Justice of Castilla y León has made clear that Mercadona can fire an employee for excessive personal internet use at work. The case involved a manager at the supermarket chain's logistics center in Villadangos del Páramo (León) who was dismissed after the company's computer system recorded 7,685 visits to non-work websites in just one month.
The employee, who had worked at Mercadona since May 2006, challenged the dismissal, but the court sided with the company. The decision highlights the risks of using company equipment for personal browsing and underscores the importance of clear workplace policies.
What Happened: Thousands of Personal Web Visits
According to the court ruling, between February 1 and 25, 2025, the corporate computer assigned to the employee logged 7,685 accesses to websites unrelated to his job during working hours. The sites included YouTube, LinkedIn, Stripe, Facebook, Genesis, Reddit, and Trustpilot, among others.

Mercadona presented this documentation to justify a disciplinary dismissal. The employee had already received warnings in 2021 for inappropriate comments and threats to a colleague, and in 2023 for leaving his post without justification. The latest incident was the final straw.
Why the Court Upheld the Dismissal
The Superior Court of Justice of Castilla y León found that the employee's conduct constituted a serious breach of his duties. The court emphasized that using company computers for personal matters has limits, and the employee had clearly crossed them.
The ruling reinforces the principle that employers have the right to monitor computer use to ensure productivity and security, provided they follow proper procedures and respect privacy laws. In this case, the company's records were deemed sufficient evidence of misconduct.
Key Takeaways for Employers and Employees
- Excessive personal internet use can justify disciplinary action, including dismissal.
- Employers should have clear policies on computer and internet use, communicated to all staff.
- Monitoring must respect privacy laws and be proportionate to the aim of ensuring productivity.
- Prior warnings can strengthen an employer's case for dismissal if misconduct continues.
- Employees should be aware that company equipment is for work purposes and may be monitored.
How This Ruling Fits Into Spanish Labor Law
Spanish labor law allows employers to adopt surveillance and control measures to verify employees' compliance with their obligations, as long as they respect dignity and privacy. The key is proportionality and transparency.
In this case, the court found that the monitoring was justified and that the employee's behavior was beyond what could be considered reasonable personal use. The ruling is consistent with previous decisions that have upheld dismissals for similar reasons when the conduct is flagrant and persistent.
| Aspect | Details |
|---|---|
| Employee | Manager at Mercadona logistics center |
| Tenure | Since May 2006 |
| Prior warnings | 2021 (inappropriate comments/threats), 2023 (abandonment of post) |
| Personal web visits | 7,685 between Feb 1-25, 2025 |
| Websites visited | YouTube, LinkedIn, Stripe, Facebook, Genesis, Reddit, Trustpilot, etc. |
| Court | Superior Court of Justice of Castilla y León |
| Outcome | Dismissal upheld |
What This Means for Workers and Companies
For employees, the message is clear: company computers are for work, and excessive personal use can lead to termination. Even occasional personal browsing should be kept to a minimum and in line with company policy. The background to this story is set out in Mercadona Ordered to Rehire Employee After Surveillance and Dismissal. A related thread runs through AI Workplace Surveillance: How Employers Monitor Employees. Earlier coverage in AI Workplace Surveillance: Employee Monitoring Concerns Rise shows how the argument developed.
For employers, the case reinforces the importance of having a well-defined internet and computer use policy. Regular monitoring, when done transparently and proportionately, can help prevent abuse and support disciplinary actions if needed. A closer look at the same subject appears in AI Workplace Surveillance in Australia: Privacy Concerns Grow. Anyone following the wider picture can start with Mercadona and Puleva Win Five-Year Legal Battle Over Horchata Labeling. The same theme surfaces in Turkish Supermarket File Copies Mercadona and Now Faces EU Probe, which takes a different angle.
The ruling also serves as a reminder that prior warnings matter. In this case, the employee's history of misconduct made it easier for the court to find that the dismissal was justified. Context on how this played out before sits in Mercadona's 'Store 9' Format Is Quietly Reinventing the Supermarket. A companion piece, Mercadona Portugal: 55% of Households Now Shop at the Chain, approaches the same subject from another angle.
FAQ
Can an employer in Spain monitor my internet use at work?
Yes, employers in Spain can monitor internet use on company equipment if they have a legitimate reason, such as ensuring productivity or security. However, they must respect privacy laws and act proportionately. Clear policies and transparency are essential.
What constitutes excessive personal internet use at work?
There is no fixed number, but courts look at factors like frequency, duration, and impact on work. In this case, 7,685 visits in less than a month during working hours was clearly excessive. Even lesser amounts could be problematic if they interfere with duties.
Can I be fired for visiting personal websites on my work computer?
Yes, if the use is excessive and violates company policy, it can lead to disciplinary dismissal. The court upheld Mercadona's decision because the employee's conduct was flagrant and he had prior warnings. However, each case depends on its circumstances.
What should companies do to protect themselves?
Companies should implement clear internet and computer use policies, inform employees about monitoring, and apply measures proportionately. Regular audits and documented warnings can strengthen their position if disciplinary action becomes necessary.