Dismissals for Low Performance in Spain: Why Most Fail in Court

Dismissals for Low Performance in Spain: A Legal Minefield Spain, June 16, 2025 – Employment law expert JuanmaLorente_Laboralista has highlighted the legal complexities surrounding dismissals based on low performance. His recent video, which has garnered significant views and shares, explains why many such dismissals are deemed unfair by Spanish courts. According to Lorente, the most common reason for these dismissals failing is the lack of specificity in the dismissal letter. "If they tell you your performance was low, they must explain exactly why," he states in the video. "They need to detail the tasks you were assigned, which ones you didn't complete, and when those deadlines were missed." This lack of detail, he argues, prevents the employee from adequately defending themselves. Another crucial point is the difficulty of proving low performance in court. Even with a detailed dismissal letter, Lorente explains, proving a sustained drop in performance is challenging. "Many cases end in unfair dismissal rulings and compensation for the employee," he adds. The video emphasizes the importance of both employers and employees maintaining thorough documentation of work performance and deadlines. Lorente's advice underscores the need for careful consideration of dismissal procedures in Spain, urging both employers and employees to seek legal advice to avoid costly and time-consuming legal battles. The widespread popularity of his video shows the significant public interest in understanding these complex legal issues.