A dismissal found to be without real and serious cause gives entitlement to an award set by the barème Macron (the statutory scale capping unfair-dismissal awards, article L1235-3 of the Labour Code), which adds to the other termination indemnities. The amount, expressed in months of gross salary, depends on length of service and the firm's headcount. Estimating what an employee will receive therefore means adding up several indemnities, then placing the file within the scale's range using comparable decisions.
A dismissal must rest on a real cause (established, objective, verifiable facts) and a serious one (grave enough to justify the termination). Where the conseil de prud'hommes (France's labour court) finds that this twofold condition is not met, the dismissal is declared without real and serious cause.
The contract remains terminated: the employee is not reinstated, but obtains an award that compensates the unjustified nature of the termination. It is compensatory in nature, not back wages, which is why it follows a distinct regime.
The claim about the termination of the contract is time-barred twelve months from the notification of the dismissal (article L1471-1). Past this limit, the challenge is no longer admissible, even if the dismissal was plainly unjustified. Wage-type claims, such as overtime back-pay, fall by contrast under a three-year limitation period: the two limits do not merge.
This award is framed by the scale known as the barème Macron (article L1235-3), which sets, for each level of length of service, a minimum and a maximum amount in months of gross salary. For example, at 10 full years of service, the range runs from 3 to 10 months of salary; the ceiling then keeps rising to reach 20 months from 29 full years. Very small firms (fewer than 11 employees) benefit from a reduced floor for short lengths of service. The detail of the thresholds is explained in our dedicated article on the barème Macron in 2026.
In setting up the scale, the law expressed the floors and ceilings in months of gross salary without defining the reference salary to use. This is a point to establish file by file, and it drives everything else: a variation of a few hundred euros on that base feeds mechanically into each of the months of the range.
The judge then sets the amount within the range. This is where most of the estimate is decided: two files with equal length of service can lead to very different amounts depending on age, the difficulty of finding new work, the personal situation and the case law of the courts seised.
The award for dismissal without real and serious cause does not replace the other sums due on termination. An employee can combine:
| Indemnity | What it covers |
|---|---|
| Barème Macron award | Compensates the unjustified dismissal (damages) |
| Statutory or contractual severance pay (indemnité de licenciement) | Due from 8 months of service, save gross or wilful misconduct |
| Payment in lieu of notice | Pays for the notice period not worked |
| Compensation for accrued paid leave | Leave earned and not taken, including over the notice period |
The statutory severance pay is calculated on a base set by the Labour Code: a quarter of a month's salary per year of service for the first ten years, a third of a month per year beyond. The collective agreement may provide something more favourable, in which case it applies.
By contrast, the award for procedural irregularity (article L1235-2, one month of salary at most) does not combine with the scale award: it applies where the dismissal is well-founded but the procedure flawed. This is a frequent confusion that leads to overstating the total.
Take an employee paid 3,500 euros gross a month, with 6 years of service, in a firm of at least 11 employees, whose dismissal is found to be without real and serious cause.
| Item | Calculation | Amount |
|---|---|---|
| Scale award (range) | 3 to 7 months × 3,500 euros | 10,500 to 24,500 euros |
| Statutory severance pay | 6 years × 0.25 month × 3,500 euros | 5,250 euros |
| Payment in lieu of notice | 2 months × 3,500 euros | 7,000 euros |
| Paid leave on notice | 10% of the notice | 700 euros |
| Total | 23,450 to 37,450 euros |
The 14,000 euro gap between the bottom and the top of the range concerns the scale award alone. The other three items are largely determined by the texts and the collective agreement, so hardly arguable. In other words, all the uncertainty, and so all the stake of the argument, is concentrated on a single item.
The scale gives a range, not an amount. To estimate where a file will land, the method is to compare it with decisions handed down on close profiles: the same band of length of service, comparable sector and context, a ground of dismissal of equivalent nature, the employee's situation after the termination (length of unemployment, redeployment, age).
This comparison makes it possible to propose a supported amount rather than a theoretical range, and to anticipate the other side's position. Plato produces this quantified estimate and the associated case-law benchmark, with each amount staying traceable back to its source.
The barème Macron does not apply where the dismissal is struck by nullity, for example in cases of discrimination, harassment, infringement of a fundamental freedom or dismissal of a protected employee. In that case, the award cannot be lower than six months of salary and is not capped. The employee may also seek reinstatement.
The characterisation of the file therefore changes the estimate radically: the same dismissal may be worth 3 months under the scale or several dozen months if it is found null and void. This is the first point to assess, before any calculation.
On the employer's side, this estimate fits into a broader logic of assessing labour-litigation risk before a dismissal, which also takes in the possible reimbursement of unemployment benefits. See also our method for calculating overtime back-pay, often at stake in the same dispute.
What compensation for a dismissal without real and serious cause?
An award set by the barème Macron (article L1235-3), expressed in months of gross salary by length of service, to which are added the statutory severance pay, the notice and the paid leave.
How do you estimate the total amount?
By adding up the scale award and the other termination indemnities, then placing the scale amount within its range using comparable decisions. For 6 years of service at 3,500 euros gross, the total is around 23,000 to 37,000 euros.
What is the time limit to challenge a dismissal?
Twelve months from the notification of the dismissal (article L1471-1). Wage claims, such as overtime, are time-barred separately after three years.
Is the barème Macron a fixed amount?
No. It is a range (floor and ceiling in months of salary by length of service). The judge sets the amount within it, which explains the gaps between close files.
Does the scale award replace the severance pay?
No. It adds to it. The statutory or contractual severance pay remains due, save gross or wilful misconduct.
Can you combine the scale award and the one for procedural defect?
No. The award for procedural irregularity (one month at most) does not combine with the scale award: it applies where the dismissal is well-founded but the procedure irregular.
When does the scale not apply?
Where the dismissal is null and void (discrimination, harassment, infringement of a fundamental freedom, protected employee): the award is then at least six months of salary, with no ceiling.
Is this compensation taxable?
The tax and social regime of these sums differs from that of salary and depends on their exact nature and amount. It must be checked case by case.
Can a tool estimate this compensation?
Yes. Plato calculates all the indemnities due and places the scale amount within its range from comparable decisions, with each figure staying traceable back to its source.