Protection against Dismissal

The general provisions on protection against dismissal apply to just about any instance of workforce reduction. If the Act Against Unfair Dismissal applies to an employment relationship, any dismissal by the employer is only legally effective if based on valid operational, personal or grounds. In some cases a special protection against dismissal applies, such as in case of conduct related, disabilities, maternity situations or on parental leave. The requirement for sufficient grounds for dismissal (and the statement of those grounds within the dismissal court procedure) has been defined through case law by the employment courts and is usually only met if termination procedures are carefully followed and professional employment law advice is sought. Apart from detailed knowledge of the relevant case law on protection against dismissal (e.g. is a warning required or not? How is the group of comparable staff selected for redundancy purposes? Which information is required for a valid works council hearing?) it is important to keep standard form employment contracts under review (e.g. restrictions on the possibility to give notice of termination because of a relocation clause). We have many years of experience in assessing, preparing and advising clients on the employment law aspects of dismissal situations, whether for economic reasons, performance reasons (so called Low Performer) or incapacity.