1) Analysis.
In this judgment of December 10, 2025, published in the official bulletin, the French Supreme Court reaffirms, in a resounding manner, the employee's right to respect for their private life at work and during working hours.
The judgment is based on seven legal texts:
Article 2 of the Declaration of the Rights of Man and of the Citizen of August 26, 1789;
Article 8 of the European Convention on Human Rights;
Article 9 of the French Civil Code;
Articles L1121-1, L1331-1, L1232-1, and L1235-1 of the French Labor Code.
The case takes place in the ultra-luxury sector.
An auditor at Chanel was dismissed for deliberately concealing:
firstly, from his employer, the fact that he was in a relationship with Ms. [T],
secondly, from his team, that she was a former Chanel employee, falsely stating that she had previously worked for Hermès and then implying to a female employee, to whom he had confided, that he did not want this to become known.
To uphold the dismissal of the internal auditor, the Versailles Court of Appeal justified its decision as follows:
1- The auditor is not so much accused of lying itself, but rather of the purpose and professional nature of the lie, namely, concealing from his employer a potential conflict of interest by failing to disclose his marital relationship with Ms. [T];
2- The concealment was, firstly, contrary to the contractual obligations undertaken by the employee, namely to disclose any changes in his family situation, and secondly, a violation of the ethical rules applicable within the company, adherence to which is particularly essential for employees holding positions of responsibility such as those of the individual in question;
3- The employee should have informed his employer of a potential conflict of interest due to his marital relationship with Ms. [T], a former employee involved in a legal dispute with the employer, given his hierarchical level, responsibilities, and internal control duties requiring transparency, exemplary conduct, and loyalty.
However, the Versailles Court of Appeal's decision was overturned by the Court of Cassation.
The High Court held that the existence of a legal dispute between his wife, a former Chanel employee, and the employer was insufficient to establish a conflict of interest, as defined by the company's policy. Consequently, the employee was not obligated to inform his employer of his marital status, regardless of any clause in his employment contract requiring him to disclose any changes in his family situation.Dès lors, il faut comprendre que s’il y avait eu un conflit d’intérêt pour le salarié auditeur interne, cela aurait pu justifier un licenciement.
Furthermore, in any event, even if a clause in the employment contract obligated the Chanel employee to disclose any changes in their family situation, this clause is not enforceable against them, as the employee is not required to inform their employer of their marital status.
This ruling should be considered in conjunction with the ruling of May 29, 2024 (no. 22-16.218), published in the official bulletin, in which the Court of Cassation also upheld the dismissal of an employee for serious misconduct.
The Social Chamber of the Court of Cassation ruled on the consequences of an employee who concealed a romantic relationship with a female employee who held union and staff representative positions. The Court of Cassation ruled that concealing an intimate relationship between two employees with different roles constitutes a breach of the duty of loyalty to the employer, regardless of whether harm to the employer or the company is proven, as long as a conflict of interest is created.
In this case, a conflict of interest existed.
Even though 14% of couples meet at work (Ipsos survey, 2018), mixing love and work can be complicated.
To read the full article, click on the link below.
Sources.
Cour de cassation 10 décembre 2025, n° 24-17.316
Amour au boulot - Directeur des partenariats qui a un comportement insistant envers une collègue = licenciement pour faute grave
Amour au travail : est-ce risqué pour les salariés ?
Dissimulation par un directeur de sa relation amoureuse avec une représentante syndicale = faute grave.
Frédéric CHHUM avocat et ancien membre du conseil de l’ordre des avocats de Paris (mandat 2019-2021)
CHHUM AVOCATS (Paris, Nantes, Lille)
e-mail: chhum@chhum-avocats.com
https://www.instagram.com/fredericchhum/?hl=fr
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