Redundancy dismissal: is the social selection correct?
Your employer dismisses you 'for operational reasons', a lack of orders or restructuring? A redundancy dismissal is bound to strict conditions. Above all, the social selection is often flawed, which makes the dismissal challengeable.
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What you should do now
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1. Observe the deadline
File an unfair-dismissal claim within three weeks, otherwise the dismissal becomes effective (§ 4 KSchG).
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2. Question the social selection
Were comparable colleagues with less protection-worthy social data spared? Then the selection may be flawed.
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3. Check continued employment
Is there another vacant (even lower-ranked) position? Then it should have been offered to you as a priority.
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4. Get advice
Have the dismissal checked (employment law; legal or procedural aid may be available). A severance payment is often achievable.
Frequently asked questions
What is the social selection?
In a redundancy dismissal, the employer must select, among comparable employees, those least in need of protection. The criteria are length of service, age, maintenance obligations and severe disability (§ 1 KSchG). Errors here make the dismissal challengeable.
Do I get a severance payment?
There is usually no automatic entitlement, but in practice many unfair-dismissal claims end with a severance payment in a settlement. Some employers also offer it directly (§ 1a KSchG). It is important to observe the 3-week deadline for the claim.
Take action now
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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.