Bundesarbeitsgericht rules mere SBV acknowledgment invalidates dismissal

The German Federal Labour Court (Bundesarbeitsgericht) has ruled that mere acknowledgment by a Severely Disabled Persons' Representative (SBV) is insufficient to validate the dismissal of a disabled employee. In its decision dated January 29, 2026 (case number 2 AZR 128/25), the court clarified the requirements for the mandatory involvement of the SBV under the Ninth Book of the Social Code (SGB IX).

The case centered on a dismissal where the SBV had only acknowledged receipt of the information with a “Kenntnis” (knowledge) stamp. The court determined that such passive acknowledgment does not constitute a formal, effective hearing or a substantive statement. To comply with § 178 Para. 2 SGB IX, employers must conduct a structured hearing process that includes a substantive exchange or an explicit waiver of a statement.

Failure to follow these formal procedures results in the dismissal being legally ineffective. This ruling necessitates that human resources departments ensure their documentation and organizational workflows strictly adhere to these legal hearing requirements rather than relying on simple receipt confirmations.