Employees who take multiple parental leave segments gain a renewed layer of job protection before each one starts, Germany’s Federal Labor Court (BAG) has confirmed in a ruling dated June 18, 2026. The special dismissal ban, which kicks in eight weeks before the leave begins, applies separately to every segment – even when parents apply for several periods in a single letter. The same rule holds during the probationary period, the court clarified.
The decision gives parents clearer leverage: employers cannot rely on a one-time protection window but must respect a new eight-week buffer before each leave segment. That matters particularly for workers returning from an earlier break who plan a second or third period of parental time.
While staying on top of dismissal regulations is essential, UK employers also face strict health and safety duties. Failure to have proper risk assessments and documentation can lead to significant penalties. The free Health & Safety Toolkit covers all key UK regulations – from risk assessments to COSHH – with ready‑to‑use templates. Download the free Health & Safety Toolkit
Mass Layoff Paperwork Becomes a Minefield for Employers
In a series of rulings issued April 1, 2026, the same court dramatically raised the stakes for companies conducting mass dismissals. Any notice of termination is automatically void if the employer fails to file a mandatory notification with the Federal Employment Agency – or submits it at the wrong moment.
The most dangerous trap for businesses: sending the notification before the works council has completed its consultation process. Unlike many other procedural errors, this one cannot be corrected later. Once the mistake is made, the dismissal is permanently invalid.
Workers who want to use this protection must file a lawsuit within three weeks of receiving the termination letter.
When Must a Company Notify the Agency?
The notification duty depends on the size of the workforce, measured over a rolling 30‑calendar‑day period:
- 21 to 59 employees: required when more than 5 people are let go
- 60 to 499 employees: required when more than 10 percent of the workforce or more than 25 individuals are dismissed
- 500 or more employees: required when at least 30 workers are terminated
Numbers alone are not enough, the BAG stressed. Employers also must carry out a proper social selection that factors in length of service, age, maintenance obligations, and severe disability. High performers can be excluded from the selection pool only if a solid justification exists.
Just as German companies must get mass‑layoff procedures right, UK employers cannot afford to overlook their health and safety duties. Is your organisation compliant with the Health & Safety at Work Act 1974? A free checklist reveals common compliance gaps and provides tools to fix them. Check your compliance with the free HSWA Toolkit
Works Council Approval Remains a Hard Barrier
In workplaces with a staff council (Personalrat), any dismissal is null without that body’s consent – even during the first six months, when the general Protection Against Unfair Dismissal Act (Kündigungsschutzgesetz) does not yet apply.
The court also tightened procedures for challenging works council elections. Since January 2026, an appeal sent via email‑to‑fax with a scanned signature is formally valid – as long as the two‑week deadline is met.
