The mass layoff at Euroimmun in Lübeck affects 143 employees. If you are affected by a mass layoff, the mass layoff unfair dismissal claim is your most important tool to protect your rights. In this guide, you will learn how to respond and which deadlines you must observe.
Euroimmun dismisses 143 employees: What is known so far
At the Lübeck diagnostics company Euroimmun, 143 employees are reported to have received notice of termination. No specific reasons were given, but a wave of dismissals of this magnitude typically involves operational redundancies. For those affected, this comes as a shock — and many are asking what rights they have.
In Germany, employees enjoy comparatively strong protection against dismissal. In companies with more than ten employees, the Protection Against Dismissal Act applies. The employer must then meet strict requirements for an operational dismissal to be valid. In addition, special rules must be observed in mass layoffs, such as the obligation to notify the Federal Employment Agency.
Mass layoff: What it means for affected employees
A mass layoff occurs when an employer dismisses a larger number of employees within a short period. The exact thresholds are defined by law. What matters is that employers must fulfil certain obligations in a mass layoff, such as informing the works council and notifying the employment agency. Errors in this process can render the dismissals invalid.
The works council plays a central role. It must be consulted before every dismissal. If the consultation is not carried out properly, the dismissal is invalid. Moreover, the works council can negotiate a reconciliation of interests and a social plan with the employer. A social plan regulates the financial consequences for affected employees — such as severance payments or compensation.
For affected employees, this means: you have special protective rights. You can have the dismissal reviewed by a court and, in the best case, negotiate a severance payment. But beware: there is no automatic severance. You must take action.
Mass layoff unfair dismissal claim: Why the deadline is crucial
The most important deadline is the three-week period for filing an unfair dismissal claim. It begins when the notice of termination is received and ends exactly three weeks later. Anyone who misses this deadline loses their protection against dismissal — the termination becomes legally effective, even if it was substantively unjustified.
Therefore: when in doubt, always file a claim, even if you are still unsure about your chances. The claim is filed with the labour court and does not need to be extensively reasoned. It is sufficient to request that the dismissal be declared invalid. In the conciliation hearing convened by the court, a settlement is often reached — frequently involving a severance payment.
The mass layoff unfair dismissal claim is thus the key to putting pressure on the employer and negotiating a severance. Without a claim, you usually have no negotiating basis.
Operational dismissal: Requirements and points of attack
An operational dismissal is only valid if the employer can prove that an “urgent operational requirement” exists. This means the job must actually cease to exist, for example due to restructuring, rationalisation, or economic difficulties. The employer must also examine whether the affected employee can be deployed on another vacant position.
An important point of attack is the social selection. The employer must compare the affected employees based on four criteria: length of service, age, maintenance obligations, and severe disability. Those who are particularly worthy of protection may not simply be dismissed if other, less protected employees could be retained. Errors in the social selection make the dismissal vulnerable.
If you have the impression that the social selection worked to your disadvantage, this can be a starting point for a claim. A specialist lawyer for employment law can examine whether the selection was lawful.
Severance in a mass layoff: A matter of negotiation, not automatic
Many employees believe they are automatically entitled to a severance payment in a mass layoff. This is a misconception. A severance is only paid if it is either offered in the dismissal letter — in which case § 1a of the Protection Against Dismissal Act applies — or if it is negotiated in the course of an unfair dismissal claim before the labour court. There is no statutory entitlement to severance.
The amount of severance is a matter of negotiation. A common benchmark is 0.5 to 1.0 gross monthly salaries per year of employment, but this is not a fixed entitlement. If you are aiming for a severance, you should not accept the first offer. Employers often calculate their offers low to leave room for negotiation. A mass layoff unfair dismissal claim is often the only way to negotiate a severance at all. An experienced lawyer can assess what is realistic and negotiate on your behalf. Similar situations have occurred at other companies — read our article on severance payments in plant closures.
Settlement agreement or claim? Strategic options
After a dismissal, you have several options. You can accept the dismissal, file an unfair dismissal claim, or accept a settlement agreement if one is offered. A settlement agreement has the advantage of providing immediate certainty and often includes a severance payment without going to court. The disadvantage: you lose your protection against dismissal and can no longer assert claims later.
If you sign a settlement agreement, you should ensure the severance is sufficiently high and clarify other points, such as release from duties, the employment reference, and the duration of any blocking period for unemployment benefits. Anyone who signs a settlement agreement risks a blocking period of up to twelve weeks if they do not register as unemployed.
An unfair dismissal claim is the safer option to protect your rights. You can still agree to a settlement agreement during the proceedings if the employer makes a good offer. Many employers increase their severance offer once a claim has been filed. It is therefore worth filing the claim at least to create negotiating room.
Support from a specialist lawyer and litigation funding
For an unfair dismissal claim, it is advisable to be represented by a specialist lawyer for employment law. Employment law is complex, and a mistake can be costly. The lawyer examines whether the dismissal is valid, whether the social selection was correct, and what your prospects of success are. They also handle communication with the employer and negotiate the severance for you.
However, many employees shy away from the costs of legal proceedings. An unfair dismissal claim can cost several thousand euros depending on the value in dispute — and the risk of having to pay the other side’s costs if you lose is a deterrent. This is where litigation funding comes in: a litigation funder like RechtStark covers the costs of the proceedings if they assess the prospects of success positively. You do not have to advance any money yourself and bear no costs in the event of defeat.
If you are affected by a dismissal — as currently at Euroimmun — you should act quickly. Seek expert advice, assess your chances, and file a claim in good time if in doubt. With the support of a lawyer and litigation funding, you can enforce your rights effectively without taking a financial risk. Further information on severance payments can also be found in our article on high severance payments at major corporations and on the situation in insolvency and mass layoffs.
Note: This article is for general information purposes only and does not replace individual legal advice. For a free initial assessment of whether litigation funding may be an option for your case, you can contact RechtStark.