Validity of a dismissal despite incorrect collective redundancy notification

In April 2026, the Federal Labour Court (BAG) ruled that dismissals issued without filing a required collective dismissal notification or before the notification procedure has been properly concluded are invalid. 

At the end of June, the Federal Labour Court once again had to deal with errors in the collective dismissal notification and the consequences for dismissal. This time, it came to the conclusion that the dismissal is effective despite a deviation of the reported from the actual number of employees. 

BAG confirms: Dismissal effective despite erroneous collective redundancy notification 

In the case recently decided by the Federal Labour Court, the parties were in dispute as to whether the employment relationship had been validly terminated by notice of termination from 26 February 2025 to 31 May 2025. The insolvency administrator of the employer, which has been insolvent since the end of 2024, filed a collective dismissal notice on 25 February 2025 after concluding a reconciliation of interests with the works council. In the complaint, he stated that he intended to make 34 dismissals. In fact, only 31 or 32 terminations took place, including that of the plaintiff as of May 31, 2025. 

In the dismissal protection proceedings, the plaintiff asserted that his dismissal was invalid due to contradictory or incorrect information about the number of employees to be dismissed vis-à-vis the works council and the employment agency. 

The labour court had upheld the action, but the Hamm Regional Labour Court dismissed it. 

The Federal Labour Court confirmed this decision of the Higher Labour Court in its judgment of 25 June 2026 (6 AZR 7/26) and dismissed the appeal. The termination was therefore effective as of 31 May 2025. 

Reasons for the judgment: Error does not impair the fulfilment of the purpose of the collective redundancy notification 

In its decision, the Federal Labour Court focused on the meaning and purpose of a collective dismissal notification. 

The notification procedure before a collective redundancy is intended to enable the responsible employment agency to prepare for the expected redundancies and to look for solutions to the problems arising from the expected redundancies within 30 days. 

If the employer makes errors in the notification that do not impair the search for a solution and thus do not contradict the purpose of the notification procedure, the notification still fulfils the objective of the notification procedure and thus the requirements of the Mass Redundancies Directive.  

If a collective redundancy notification states that the number of employees who are to be dismissed as part of the collective redundancy is slightly too high, this does not prevent the employment administration from limiting the negative consequences of the collective redundancies, for example by preparing for the placement of the dismissed employees, their qualification or other labour market policy measures. 

In such a case, lawful action by the employment administration is still guaranteed by the notification, even if it does not quite correspond to the facts. The notification is therefore still correct and the termination is effective.  

Conclusion: Minor errors do not lead to the invalidity of terminations 

Not every mistake in a collective dismissal notification necessarily leads to the dismissal being invalid. If fewer employees are dismissed than stated in the notification, the notification is still correct and a termination is effective as long as the deviation of the stated employees from the employees actually terminated is minor. The Federal Labour Court has left open what it means by "minor". At least with a deviation of one or two employees, it still assumes a minor amount. 

Despite the recent decision of the Federal Labour Court, errors in a collective dismissal notification can still have a serious impact on the effectiveness of dismissals. Therefore, every employer would do well to prepare the necessary notifications carefully. We will be happy to support you in this, as well as with all other questions that arise in the event of redundancies. Talk to us.