As insolvencies and restructurings continue to rise in Germany, employers are increasingly carrying out mass dismissals (Massenentlassungen) – the formal notification requirements for such mass dismissals are under intense scrutiny.
Employers must issue a mass dismissal notification (Massenentlassungsanzeige) with the competent Employment Agency before carrying out a large number of layoffs within 30 calendar days. The notification requirement applies when certain thresholds are reached, depending on the size of the business and the number of planned dismissals.
In April 2026, the Federal Labor Court (Bundesarbeitsgericht) (“BAG”) held that a dismissal was invalid because the employer had entirely failed to submit the required mass dismissal notification before issuing the dismissal (6 AZR 157/22). That decision left an important question open:
What happens not when the notification is missing entirely, but when it has been filed and merely contains error(s)?
The BAG has now answered that question in its ruling of June 25, 2026 (6 AZR 7/26). The BAG held that, depending on the circumstances of the individual case, dismissals can still be valid despite errors in the mass dismissal notification. In the case at hand, the court found the notification proper even though it stated a slightly too high number of employees to be dismissed.
The claimant worked as a machine setter at a key and machinery manufacturer. In November...
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