Dismissal of an employee following legal action taken by or on behalf of that employee on the basis of provisions relating to professional equality between women and men is null and void when it is established that the dismissal has no real and serious cause and is in fact a measure taken by the employer as a result of the legal action. In such cases, reinstatement is automatic and the employee is deemed never to have stopped working.
Where the employee refuses to continue to perform the employment contract, the provisions of article L. 1235-3-1 are applicable.