This paper examines the growing tension between a “not fit for work” assessment issued by occupational health services and dismissal for subsequent ineptitude under Article 52, a) of the Workers’ Statute, in light of the duty to provide reasonable accommodation. Drawing on recent case law of the Spanish Supreme Court—particularly the Court Ruling of 27 of november 2025—the paper argues that a medical finding of “not fit” does not automatically justify termination, especially where the worker’s condition may be equated with a disability under European Union law. It advances a systematic interpretation linking occupational risk prevention, equality, and employment stability, and supports extending the rationale of Article 49.1, n of the Workers’ Statute on permanent incapacity to cases of subsequent ineptitude. The central conclusion is clear: absent a genuine exploration and substantiation of reasonable accommodations, dismissal is null and void as discriminatory.
