European Union: Unfair/ Wrongful Dismissal

Can an employer terminate an employee who must serve a multi-year prison sentence? The Stuttgart Labor Court recently examined this complex question, considering factors such as prospects for early release and day-release work arrangements. This decision provides crucial guidance on employer obligations and the significant employment consequences of lengthy incarceration.

This newsletter examines recent Danish court decisions and rulings on employer liability for psychological workplace injuries, dismissals during parental leave, data protection compliance, vocational training requirements, and international employment law. The cases provide guidance on workplace safety obligations, discrimination protections, and cross-border employment relationships.

The German Federal Labour Court examines whether minor errors in mass dismissal notifications automatically invalidate terminations, providing crucial guidance for employers navigating collective redundancy procedures. This commentary analyzes the court's June 25, 2026 ruling and its implications for employment law practice.

Germany's coalition government has proposed sweeping reforms to employment law that could fundamentally reshape fixed-term contracts, dismissal protection, co-determination rights, and sick leave reporting. The measures aim to strengthen Germany's competitiveness amid technological change, demographic pressure, and international competition, offering employers significantly expanded flexibility while tightening certain compliance requirements.

Fixed-term contracts offer flexibility for Irish employers, but they require careful navigation of equal treatment obligations, renewal restrictions, and dismissal risks. Understanding the Protection of Employees (Fixed-Term Work) Act 2003 is essential to avoid inadvertent legal liability and ensure compliance with successive contract limits, probation requirements, and redundancy entitlements.

Ireland's Labour Court has released its 2025 Annual Report, revealing an 11% decrease in case referrals alongside increasingly complex workplace disputes spanning employment rights appeals, industrial relations matters, and collective bargaining agreements. The report highlights significant legal developments including High Court appeals on European Works Councils and collective redundancies, while demonstrating the Court's expanding role in setting employment standards through Employment Regulation Orders

The acquisition of assets or business operations out of insolvency proceedings presents distinct legal challenges under German law, particularly regarding the automatic transfer of employment relationships. The "acquirer concept" (Erwerberkonzept) offers a legally reliable solution that enables workforce restructuring while avoiding prohibited terminations based solely on the transfer of operations.

When employees on sick leave share photos of festivals, sports activities, or travel on social media, employers across Luxembourg, Belgium, and the Netherlands face complex questions...

In Belgium, employers must generally accept a valid medical certificate when an employee reports sickness absence.