Legal certainty for mass dismissal notices: Luther obtains landmark ruling before the BAG

Luther partner Achim Braner and counsel Nadine Ceruti achieved an important milestone with the BAG's decision in connection with the case law on the effectiveness of mass dismissal notices. The decisions deal with a legal issue that had not been clarified by the highest courts until now and is of the utmost importance for practice.

With its rulings of June 2021, the Hessian Regional Labour Court had caused a considerable stir and uncertainty among employers when it deviated from the hitherto prevailing opinion in case law and literature and the lived practice in the labour administration: the court ruled that the target information pursuant to Section 17 (3) sentence 5 KSchG is mandatory content of the mass dismissal notice and its absence leads to the invalidity of the notice and thus also the dismissals. However, the forms of the Federal Employment Agency expressly provide that the required information does not have to be provided with the mass dismissal notice, but can be submitted later. The BAG overturned the decision of the Hesse Regional Labour Court and followed the legal opinion of the appellant.

On behalf of the appellant:

Luther, Employment: Achim Braner (Partner), Nadine Ceruti (Counsel)