In Germany, special dismissal protection for radiation protection officers also applies to officially designated deputies, as the Regional Labour Court of Baden-Württemberg recently clarified. A senior physician who was appointed as a deputy radiation protection officer was dismissed during the initial statutory waiting period. The court upheld his wrongful dismissal lawsuit and ordered the employer to temporarily continue his employment.
This decision is also crucial for other employees in safety-relevant functions, as it makes clear that formal appointment is what matters, not whether the deputy has already actively stepped in to perform duties.
Special Dismissal Protection for Radiation Protection Officers: Who Is Covered?
Employees in safety-critical roles carry significant responsibility: they supervise compliance with strict safety regulations and must be able to make necessary, sometimes difficult decisions. To ensure they can do so without fear of retaliation or job loss, the German legislature granted them special protection against ordinary termination under Section 70 of the Radiation Protection Act (StrlSchG). This protection does not begin only when an employee actively handles a substitute case; it takes effect immediately upon formal appointment.
In practice, this means that anyone formally appointed—whether as the primary officer or as a deputy—cannot simply be dismissed via standard termination while the appointment remains valid. Internal rankings among multiple appointed radiation protection officers do not diminish the scope of this legal safeguard. Even a second-in-line deputy is fully protected.
The Case: Senior Physician Appointed as Deputy During the Waiting Period
The case leading to this ruling highlights how quickly such legal questions arise. A senior physician in a cardiology department began his employment on 1 December 2024. Shortly after, on 12 December 2024, he received a formal certificate appointing him as a deputy radiation protection officer alongside the medical director. Although the chief physician was briefly on holiday in late December, the court noted that actual substitution was not the decisive legal factor.
On 23 January 2025, less than two months after his start date, the hospital issued a notice of termination. This occurred during the statutory six-month waiting period (Wartezeit), during which standard statutory protection against socially unjustified dismissal normally does not yet apply. Although the works council approved the measure, the physician contested the termination and filed a lawsuit with the labour court.
Why the Termination Was Invalid: The Labour Court’s Reasoning
The Regional Labour Court of Baden-Württemberg (Case No. 8 Sa 46/25) ruled in favour of the employee. It held that special legal safeguards for radiation protection officers stem directly from the formal act of appointment, regardless of whether a concrete case of deputy work has occurred. The fact that the document designated him as a deputy did not change this outcome. The court emphasized that internal hierarchies among multiple appointed officers carry no weight regarding the level of dismissal protection.
Consequently, the court rejected the employer’s appeal and ordered the hospital to continue employing the physician until the final conclusion of the legal proceedings. While an appeal on points of law to the Federal Labour Court (BAG) was permitted, the ruling signals that employers take a substantial legal risk when terminating employees in these positions.
Probationary Terminations and Special Protection: An Important Exception
Under German employment law, employers can generally terminate an employment relationship without stating specific reasons during the first six months, provided general dismissal protection does not apply. The Protection Against Dismissal Act (KSchG) requires social justification only after this waiting period expires. However, there are vital statutory exceptions: certain groups—such as works council members, pregnant employees, severely disabled persons, and appointed radiation protection officers—enjoy special protection that applies from day one.
For employees, this means that even if you have only been with a company for a few weeks, you can invoke this protection if the statutory criteria are met. Employers cannot simply terminate the contract without cause; doing so opens the door to a promising legal challenge. To learn more about how terminations during initial employment phases work, read our article on dismissals during the waiting period and employee rights.
What You Should Do Now: Deadlines, Evidence, and Legal Support
If you receive a termination notice in Germany, immediate action is essential. You have strict legal deadlines: a lawsuit for wrongful dismissal must be filed with the competent labour court within exactly three weeks of receiving the written notice. Missing this deadline generally renders the termination legally valid, even if it was originally unlawful. Consulting an independent employment lawyer immediately is strongly recommended to evaluate your chances.
Gather all relevant documents, especially your formal letter of appointment. Supporting evidence such as emails or witness statements confirming your responsibilities can also be helpful. If you are concerned about legal costs, a litigation funder like RechtStark can assess whether they can cover the financial risks of the proceedings in exchange for a success fee—meaning you do not bear the cost risk alone. For a comprehensive overview, see our guide to wrongful dismissal claims.
Limits of Legal Protection: Who Is Not Automatically Covered?
Despite this worker-friendly decision, not every employee working around radiation is automatically protected against dismissal. The decisive factor is the formal appointment in accordance with statutory requirements. Anyone who is merely asked verbally to oversee safety matters or whose name appears on an informal internal list without a formal appointment document cannot claim special protection. Furthermore, the appointment must still be legally active at the time of dismissal, and protection lasts only for the duration of that appointment.
Conclusion: Protecting Employees in Safety-Critical Roles
The ruling of the Regional Labour Court of Baden-Württemberg sends a clear message to all employees serving in regulated safety functions, including deputies. Statutory protection for appointed officers is an effective, practical safeguard rather than a mere formality, providing crucial job security even during the early stages of employment.
If you are facing a dismissal, check your appointment records and seek professional legal advice before the three-week deadline expires. With the support of a specialised employment lawyer and financial solutions such as a litigation funder, you can effectively defend your rights and challenge an invalid termination.
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.