After receiving an unfair dismissal claim, employers should first secure court dates and deadlines, gather the dismissal documents and clarify their litigation objectives. A sound defence starts with the actual events, rather than a premature commitment to settle.

Check court correspondence and deadlines first

Have the statement of claim, all attachments and court orders ready. Record when the documents arrived and who received them. Court deadlines and summonses require separate review. Do not confuse these with the employee's deadline for bringing the claim.

Tell your lawyer about the conciliation hearing and running deadlines promptly. Do not wait until all documents are complete before making an enquiry. Also mention any legal expenses insurance.

Which documents matter for the defence?

  • Employment contract, amendments and relevant workplace rules.
  • Dismissal letter and evidence of its receipt.
  • A chronological account of the reasons for dismissal, with available evidence.
  • Formal warnings, previous correspondence and, where relevant, documents relating to consultation of the works council.
  • Details of length of service, pay, workforce size and any special protections that may apply.

Distinguish documented facts from assumptions. Identify people who can give first-hand accounts of particular events. Explanations provided later do not replace missing documentation.

What outcome should the proceedings achieve?

Is the goal to end employment, continue it on clarified terms or initially defend a specific claim? Together, we assess which objectives are legally achievable and what facts support them.

We also consider the consequences of losing. If a dismissal is invalid, pay claims for the intervening period may arise subject to further conditions. Other earnings and further offsetting rules must be considered; relevant provisions include § 615 BGB and § 11 KSchG.

Prepare a clear position for the conciliation hearing

Labour court proceedings begin with a conciliation hearing to explore agreement (section 54 ArbGG). The key arguments, unresolved facts and possible negotiating parameters should be clarified beforehand. You do not have to settle merely because the court raises the possibility.

I represent your position and explain what terms would make a settlement worthwhile. See also the article on financially sensible settlements.

Legal bases

This information explains typical situations. The specific agreements and facts determine the assessment of your case.