Mercadona Ordered to Rehire Employee After Surveillance and Dismissal 2026

Mercadona has been ordered to rehire an employee after a court declared his dismissal null. The case involves a worker in Albacete who had a reduced schedule to care for his seriously ill daughter. The company hired a detective to follow him during a medical leave, leading to his dismissal in March. The court's ruling, issued on September 2, is not yet final and can be appealed.

What Happened: Surveillance and Dismissal

The employee had been with Mercadona since 2010 as a manager. He had a 99.37% reduction in working hours to care for his daughter, who suffers from a serious illness. He also received a benefit for the care of minors with serious illness (CUME), which was terminated by administrative resolution in November 2025. He appealed that decision. Shortly after, he began a medical leave.

During that leave, Mercadona hired a detective to follow him. According to El Digital de Albacete, the surveillance was used as a basis for his dismissal in March. The court has now declared that dismissal null, meaning it is without legal effect, and ordered the company to rehire him.

Why the Court Ruled the Dismissal Null

The ruling, which we have accessed, does not state that the company acted out of revenge or that the worker faked his medical leave. However, the court found the dismissal null, likely due to the violation of fundamental rights. In Spain, dismissals can be declared null when they are discriminatory or violate constitutional rights, such as the right to non-discrimination based on illness or family responsibilities.

The fact that the worker had reduced his hours for childcare and was on medical leave may have influenced the court's decision. The judge did not need to find that the company acted with malice; the mere violation of rights is enough to declare the dismissal null.

Who Is Affected and What It Means for Employers

This case affects Mercadona directly, as it must rehire the employee and likely pay back wages. It also has broader implications for employers in Spain. The use of private detectives to monitor employees on medical leave is a sensitive practice. While companies have the right to verify the legitimacy of leaves, they must respect privacy and fundamental rights.

For workers, the ruling reinforces protections for those with family responsibilities. It signals that dismissals linked to reduced hours for childcare or medical leave may be scrutinized and declared null if rights are violated.

What to Watch Next

The ruling is not final. Mercadona can appeal to the Superior Court of Justice of Castilla-La Mancha (TSJ). The company has stated that it respects the judicial resolution and that the worker remains part of its staff. If appealed, the case could take months to resolve.

Additionally, the worker's appeal against the termination of the CUME benefit is pending. That decision could affect his future rights and benefits. We will continue to monitor developments.

Key Takeaways

• The court declared the dismissal null and ordered Mercadona to rehire the employee.
• The worker had a 99.37% reduced schedule to care for his seriously ill daughter.
• Mercadona hired a detective to follow him during medical leave, leading to dismissal.
• The ruling is not final and can be appealed before the TSJ of Castilla-La Mancha.
• Mercadona states it respects the decision and that the worker remains on staff.

Comparison of Legal Aspects

For more context on this story, see UK Flexible Working Rights: Bosses Must Meet Employees Face to Face and Brazil Cuts Work Week to 40 Hours in Major Labor Reform. Earlier reporting on the same theme includes UK Sanctions Powers Target Illegal Israeli Settlement Supporters, Why So Many American Workers Are Forced to Stand on the Job, AI Workplace Surveillance: How Employers Monitor Employees and Fair Work Rulings on Work From Home for Employees Over 55.