Whistleblower Status Does Not Block Lawful Dismissal
A senior executive at Ferrocarril Metropolità de Barcelona (FMB), the operator of Barcelona’s metro and bus services, has lost her job after a court upheld her dismissal for psychological harassment of a subordinate. Despite holding official whistleblower protection, the Tribunal de Instancia de Barcelona ruled the dismissal was justified on independent disciplinary grounds. The court’s decision, detailed in sentencia 197/2026 issued on 17 July 2026, confirmed that FMB had proven serious misconduct unrelated to the executive’s protected disclosures. The ruling clarifies that whistleblower status under Spain’s Ley 2/2023 does not grant immunity from disciplinary action when employers can demonstrate a separate, substantiated cause.
Protected Informant Investigated for Harassment
The executive, who led FMB’s Bon Govern (governance) division since 2006 and oversaw compliance, transparency, and data protection, was officially recognised as a protected whistleblower by the Oficina Antifraude de Cataluña on 10 May 2024. This status stemmed from her role managing an internal investigation into alleged irregularities involving other company officials. However, in September 2024, a subordinate filed a formal complaint through FMB’s anti-harassment protocol, alleging he had been stripped of responsibilities, reassigned under lower-ranked colleagues, and given administrative tasks beneath his professional level. He also reported receiving contradictory instructions and being subject to excessive monitoring, with critical emails copied to other managers. FMB responded by temporarily removing the executive from her role, maintaining her full salary during the investigation. An internal review found credible evidence of psychological harassment, leading to disciplinary proceedings. After considering her defence, FMB terminated her contract on 24 October 2024.
The tribunal appreciates initial elements that could point to retaliation, but concludes FMB succeeded in proving a different and independent cause for dismissal.
Court Upholds Dismissal, Orders Bonus Payment
The executive challenged the dismissal, arguing it was retaliation for her whistleblowing and should be declared null under Ley 2/2023. This law prohibits reprisals against protected whistleblowers but allows disciplinary action if the grounds are serious, unrelated, and properly documented. The court examined the timeline and found that some of the actions affecting the subordinate occurred before she received protected status. It concluded FMB had established a clear, independent basis for termination: a breach of contract through sustained workplace harassment, even though the conduct did not amount to a criminal offence. While the court dismissed claims of threats and certain intimidation tactics, it upheld the core pattern of demotion, inappropriate tasking, and excessive oversight as sufficient grounds for dismissal. It also ruled that the closure of related criminal proceedings did not preclude labour sanctions, given differing standards between criminal liability and contractual obligations. Although the dismissal was upheld, the court ordered FMB to pay the former executive €10,000 plus interest for unpaid variable compensation in 2024. The company failed to prove it had properly communicated the performance targets required to earn the bonus.
Precedent for Whistleblower Protections
The case sets a precedent on the limits of whistleblower immunity in Spain. It confirms that protected status under Ley 2/2023 is not a shield against all disciplinary consequences. Employers must still document and justify any action, but courts will uphold dismissals where misconduct is proven and unrelated to protected disclosures. For companies, the ruling reinforces the need for robust documentation in disciplinary cases involving whistleblowers. It also underscores that whistleblower protection is designed to prevent retaliation, not to exempt individuals from accountability for independent breaches of conduct.
Primary sources: transparencia.tmb.cat. Reported by russpain.com, talent24h.okdiario.com, confilegal.com, eldiario.es, metropoliabierta.elespanol.com, cadenaser.com, iberley.es, antifrau.cat, 3CatInfo, europapress.es, elnacional.cat.
