{"id":11949,"date":"2025-08-23T08:20:59","date_gmt":"2025-08-23T08:20:59","guid":{"rendered":"https:\/\/www.mth-partner.de\/?p=11949"},"modified":"2026-01-07T13:26:10","modified_gmt":"2026-01-07T13:26:10","slug":"arbeitsgericht-gelsenkirchen-kuendigung-wegen-schwerbehinderung-unwirksam-hilfreiches-fuer-arbeitnehmer-und-arbeitgeber","status":"publish","type":"post","link":"https:\/\/www.mth-partner.de\/en\/labour-court-gelsenkirchen-termination-due-to-severe-disability-ineffective-helpful-for-employees-and-employers\/","title":{"rendered":"Gelsenkirchen Labour Court: Dismissal due to severe disability invalid - Helpful information for employees and employers"},"content":{"rendered":"

Gelsenkirchen Labour Court, 06.05.2025, Ref.: 1 Ca 1608\/24<\/p>\n

If you think about Employment and Labour Law<\/a> When we talk, it's often about the big questions: Protection against dismissal<\/a>, equal treatment, rights and obligations of employees and employers. However, sometimes the explosive nature of these issues only becomes apparent in specific stories that make it much clearer how much law and justice are intertwined in working life. A recent example of this is the judgement of the Gelsenkirchen Labour Court (case no. 1 Ca 1608\/24, judgement of 6 May 2025). The case sheds light on several aspects at once: the protection of severely disabled employees, the limits of dismissals for operational reasons and the role of prohibitions on discrimination in working life.<\/p>\n

<\/span>Facts<\/span><\/h3>\n

The plaintiff had been working as a commercial employee in an electrical wholesaler since 2017. In 2023, he suffered a serious commuting accident that led to a long-term incapacity to work. As a result, he underwent a Severe disability<\/a> recognised with a degree of 50 %. After a lengthy period of illness and reintegration, the employer terminated the employment relationship in November 2024 - officially for operational reasons. But that was not the end of the story: another termination followed a few months later, this time with the approval of the Integration Office.<\/p>\n

The employee defended himself against both dismissals. The court had to decide whether they were effective - and whether the plaintiff was also entitled to compensation under the General Equal Treatment Act (AGG<\/a>) is entitled to.<\/p>\n

<\/span>The decision at a glance<\/span><\/h3>\n

The court came to a differentiated conclusion:<\/p>\n

    \n
  1. The first termination (29 November 2024) was invalid.<\/strong> It was issued in connection with the plaintiff's severe disability and thus violated the AGG's prohibition of discrimination.<\/li>\n
  2. The second termination (19 February 2025) was effective.<\/strong> It was based on new reasons, including a careless WhatsApp message from the plaintiff to customers in which he massively criticised the employer.<\/li>\n
  3. The plaintiff received compensation in the amount of 4,754.39 euros.<\/strong> This was based on Section 15 (2) AGG, as the first dismissal was discriminatory.<\/li>\n<\/ol>\n

    <\/span>Why is this judgement important?<\/span><\/h3>\n

    This judgement is an example of how complex the interaction between Protection against dismissal<\/a>, prohibition of discrimination and entrepreneurial freedom. It makes it clear that even if the Dismissal Protection Act (KSchG) does not apply in small companies, this does not mean that employees are unprotected. The AGG and SGB IX (law on severely disabled employees) set important limits here.<\/p>\n

    You could compare it to a boat: In stormy seas, every little piece of wood that provides stability counts. For severely disabled employees, the AGG is often precisely this piece of wood that prevents them from sinking without protection.<\/p>\n

    <\/span>What do we learn from this?<\/span><\/h3>\n

    For employees, the judgement means that they should take their rights seriously. A dismissal that is at least partially based on a disability may be invalid. For employers, on the other hand, it is a clear indication that they must take particular care when dealing with severely disabled employees.<\/p>\n

    <\/span>Three key lessons for employees:<\/span><\/h4>\n