Dismissal in Bremen: How to secure your position - for employees and Employer

In short: After a cancellation, a clean Initial strategy whether you reach a good agreement, secure employment or avoid litigation. In Bremen, the Bremen-Bremerhaven Labour Court responsible. For both sides - employees and Employers - the following applies: adhere to deadlines, prepare facts in a structured manner, observe participation rights.

1) The first steps: Deadlines, documents, communication

• 3-week deadlineOne Action for unfair dismissal must be completed within three weeks from receipt of the notice of termination by the court. This is the key deadline for employees; employers should ensure that the receipt and date are documentable

• Bundle documentsEmployment contract, addenda, warnings, performance/KPI analyses, deployment/duty rosters, consultation letters to the works council/staff council, BEM protocols. Employers should Personnel file organise in an auditable manner; employees should own vouchers secure.

• Control communicationNo hasty signatures on cancellation agreements. Employers avoid hasty letters; better verifiable justification and participation procedures cleanly.

• Default of acceptance at a glanceContradictory signals - such as termination without notice and simultaneous offer of continued employment - can lead to default of acceptance (BAG, judgement of 29.03.2023, 5 AZR 255/22). For both sides Clarity decisive.

2) Settlement & agreement: Realistic ranges instead of desired values

One Severance payment is not usually automatic. In Bremen, severance payments are often in comparison negotiated - often as early as the conciliation hearing.

• Employee perspectiveNegotiating position is based on Litigation risks of the employer (e.g. formal errors, weak grounds for dismissal, selection guidelines) and from factors such as Length of service or Employment opportunities.

• Employer viewAgreement makes sense if risks become apparent (e.g. disputed social selection, BEM incomplete). Important are clear Comparison conditions (termination date, certificate, exemption, obligation to return, non-competition/confidentiality clauses)

3) Form & procedure: Participation rights as a stumbling block or protective shield

Particularly relevant for the Bremen region: Staff council/works council participation. Errors in the consultation or in the staff representation procedure can lead to dismissal. tilt .

• Employees should Consultation documents request and document time sequences (invitation, statement, resolution).

• Employer the procedure should verifiable and on time (addressee, complete facts, correct form of participation).

4) Bremen practice: „Performa-Nord“ and the limit of underperformance

The Bremen-Bremerhaven Labour Court has upheld the dismissal without notice of two service employees of the citizens' hotline, because for months Telephony times clearly too short were occupied (ArbG Bremen-Bremerhaven, Press release from 14.12.2023).

• For employees„Reduced performance“ is not automatic. The decisive factor is whether measurable, resilient data are available and whether Comparison groups and General conditions (training, call allocation, technology) were taken into account.

• For employers: Performance deficits must be concretely documented and controllable (notices, target agreements, warnings if necessary). Without reliable comparability, it will be difficult.
  
  

5) Proceedings in Bremen: Making pragmatic use of conciliation and chamber hearings

• Conciliation hearing: The aim is to amicable solution. Here you can Severance payment, termination date, certificate and leave of absence. Employers ensure planning security; employees clarity and, if applicable, payment.

• Chamber appointmentIf no agreement is reached, evidence is taken (witnesses, documents, analyses). This applies to both sides: stringent presentation of facts, chronological, with supporting documents.

• Summary proceedings: In special constellations (e.g. interest in continued employment), interim legal protection may be appropriate.

6) Typical points of attack and defence in Bremen termination cases

• Formalities/participationErrors in works/staff council participation can have an impact.

• Termination due to illness: Omitted or incomplete BEM speaks against proportionality - check employee, document employer.

• Social selection (operational): Provide plausible selection criteria and comparison groups; justify exceptions.

• Termination without notice & continued employment: Consistency-free strategy to avoid the risk of default of acceptance.

• Underperformance: Measurability and Comparability are the key; generalised accusations are not enough.

7) Checklists - short & practical

For employees

1. Note deadline (21 days from receipt).

2. Save receipts (contract, warnings, KPI, duty rosters, e-mails).

3. Clarify goals (continued employment, severance pay, certificate).

4. Have cancellation agreements checked - no quick signatures.

5. Make an appointment - on site or online.

For employers

1. Documentation (reasons, warnings, selection criteria, BEM file).

2. Participation correctly (works council/staff council, deadlines, content).

3. Receipt of the cancellation to be evidence-proof.

4. Litigation risks Realistically evaluate; prepare comparison options.

5. Communication guide Coordinate internally (contact persons, enquiries, references).

Conclusion: In Bremen, a solid solution can be found if both sides Structured early proceed: Observe deadlines, comply properly with participation rights and Factual situation (in particular performance/illness/operating data). The Bremen practical case for Underperformance shows the range - not as an automatism, but as an indication of the significance valid measured variables (Bremen-Bremerhaven Labour Court, PM of 14.12.2023). In addition, the line of the BAG is to Default of acceptance in the event of contradictory behaviour.

If you require labour law support or further information, we will be happy to assist you at our offices in Sulingen, Bremen, Osnabrück or Online available.