Mabel Law
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EMPLOYMENT LAW · FOR EMPLOYEES

Challenging a dismissal.
Understand your next step.

A dismissal affects your professional and financial future. We help employees assess their dismissal, meet deadlines and decide how to proceed – in Hamburg, Schleswig-Holstein and beyond.

AFTER RECEIVING NOTICE

Protect your position. Define your goals.

Do not wait until your final working day

Record when and how you received the notice, and keep the letter and envelope. The three-week deadline also matters for dismissal without notice. Discussions with your employer or an enquiry to a law firm do not pause the deadline.

If the deadline is missed, the dismissal is generally treated as effective. A late claim can be admitted only under narrow conditions. Special circumstances, such as a required approval by a public authority, need separate assessment.

What do you want to achieve?

The claim determines whether the dismissal ended your employment. Continued employment may be your aim. If an agreed departure is an option, we also discuss the termination date, severance, release from duties and an employment reference. Bringing a claim does not automatically entitle you to severance.

Regardless of the claim, you must register as a jobseeker in time: generally no later than three months before your employment ends, or within three days if you learn of the end date later. Registration as unemployed is a further, separate step.

FROM THE FIRST DISCUSSION TO THE OUTCOME

How a dismissal claim proceeds.

  1. Record receipt and gather documents

    Tell us about the dismissal, your role and any known deadlines. We identify the parties and check whether we can accept instructions. An enquiry alone does not create a mandate or preserve a deadline.

  2. Assess the dismissal and your options

    From your position as an employee, we assess matters including the reasons for dismissal, formal requirements, notice period, consultation of the works council and special protection. Establishment size, length of service and your legal status also matter. We discuss your objectives, the approach and costs in advance.

  3. File the claim in time

    Once instructed, we prepare the claim and file it with the competent labour court. It must identify the correct employer and the specific dismissal being challenged. We assess any further claims, such as pay or continued employment, separately.

  4. Explore settlement at the conciliation hearing

    At the start of the proceedings, the presiding judge seeks to facilitate an agreement. We prepare for the hearing with you and discuss possible settlement terms. You decide whether to accept a solution after considering its legal and financial consequences.

  5. Proceed to the chamber hearing

    If no agreement is reached, the disputed issues are examined further. Written submissions, a chamber hearing and the taking of evidence may follow. The chamber comprises one professional judge and two lay judges; settlement remains possible at this stage.

  6. Implement the outcome or assess an appeal

    After settlement or judgment, we clarify the next steps, such as continuing employment, payments or an employment reference. Where appropriate, we assess the admissibility, deadlines and prospects of an appeal to the regional labour court. A further appeal on points of law to the Federal Labour Court requires the statutory conditions to be met.

Have these documents ready for the first discussion

  • Dismissal letter, envelope and details of receipt
  • Employment contract, amendments and any warnings
  • Recent payslips, employment start date and details of your role
  • Information on special protection, works council involvement and legal expenses insurance

HAMBURG & SCHLESWIG-HOLSTEIN

Which labour court has jurisdiction?

Key factors include your usual place of work and your employer’s registered office. Your home address or our office location alone does not determine jurisdiction. We assess the appropriate court based on your employment relationship. The directory shows the court districts and changes that have already been enacted.

As at 2 November 2026

Hamburg Labour Court

Hamburg. For Hamburg’s Walddörfer, the Alstertal and other Hamburg districts, this court may have jurisdiction where the employment relationship has the relevant connection.

Lübeck Labour Court

Lübeck and the districts of Stormarn, Herzogtum Lauenburg and Ostholstein. This includes employment relationships with the relevant connection to Bargteheide and the rest of Stormarn.

From 1 March 2027, Lübeck also takes over the former Elmshorn Labour Court district, with external chambers in Itzehoe.

Neumünster Labour Court – until 30 November 2026

Neumünster and the district of Segeberg.

From 1 December 2026: Kiel Labour Court. The former district and pending proceedings transfer to Kiel.

Kiel Labour Court

Kiel and the districts of Plön and Rendsburg-Eckernförde.

From 1 December 2026, also Neumünster and the district of Segeberg; from 1 May 2027, also the former Flensburg district, with external chambers in Flensburg.

Elmshorn Labour Court – until 28 February 2027

The districts of Dithmarschen, Pinneberg and Steinburg.

From 1 March 2027: Lübeck Labour Court, external chambers in Itzehoe.

Flensburg Labour Court – until 30 April 2027

Flensburg and the districts of Nordfriesland and Schleswig-Flensburg.

From 1 May 2027: Kiel Labour Court, external chambers in Flensburg.

The next instance: regional labour court

Appeals against judgments of Hamburg Labour Court are heard by Hamburg Regional Labour Court. In Schleswig-Holstein, they are heard by the Schleswig-Holstein Regional Labour Court in Kiel. We assess whether an appeal is available and appropriate based on the decision and the applicable deadlines.

Hamburg Regional Labour CourtSchleswig-Holstein Regional Labour Court

ADVICE IN YOUR REGION

Your location.
The area we serve.

We assist employees from Stormarn, Hamburg’s Walddörfer, the Alstertal and the district of Segeberg. In-person meetings take place by appointment in Bargteheide; telephone and digital collaboration are also available beyond this area.

These locations describe the area we serve. The court that hears your dismissal claim depends on the employment relationship and the applicable jurisdiction.

Stormarn district36 towns and municipalities
  • Ahrensburg
  • Ammersbek
  • Bad Oldesloe
  • Bargfeld-Stegen
  • Bargteheide
  • Barsbüttel
  • Brunsbek
  • Delingsdorf
  • Elmenhorst
  • Glinde
  • Grönwohld
  • Großensee
  • Großhansdorf
  • Hamberge
  • Hammoor
  • Hoisdorf
  • Jersbek
  • Lasbek
  • Lütjensee
  • Oststeinbek
  • Pölitz
  • Reinbek
  • Reinfeld (Holstein)
  • Rethwisch
  • Rümpel
  • Siek
  • Stapelfeld
  • Steinburg
  • Tangstedt (Stormarn district)
  • Todendorf
  • Travenbrück
  • Tremsbüttel
  • Trittau
  • Wesenberg
  • Witzhave
  • Zarpen
Hamburg’s Walddörfer5 districts
  • Bergstedt
  • Duvenstedt
  • Lemsahl-Mellingstedt
  • Volksdorf
  • Wohldorf-Ohlstedt
Alstertal4 districts
  • Hummelsbüttel
  • Poppenbüttel
  • Sasel
  • Wellingsbüttel
Other Hamburg districts2 districts
  • Farmsen-Berne
  • Rahlstedt including Meiendorf
Segeberg district16 towns and municipalities
  • Bad Segeberg
  • Ellerau
  • Henstedt-Ulzburg
  • Itzstedt
  • Kaltenkirchen
  • Kayhude
  • Kisdorf
  • Leezen
  • Nahe
  • Norderstedt
  • Oering
  • Seth
  • Sievershütten
  • Sülfeld
  • Wahlstedt
  • Wakendorf II

Your location is not listed? Contact us about your specific matter. More about the area we serve and our office

FREQUENTLY ASKED QUESTIONS

What employees should know.

When does the three-week deadline start?

Generally when you receive the written dismissal notice, not at the stated end of your employment. Delivery to your letterbox may be relevant to receipt. The date of receipt, the deadline and any special circumstances should be assessed in your particular case.

Is an assessment worthwhile during probation or in a small establishment?

Formal defects or special protection may still be relevant. General dismissal protection normally requires more than six months of employment and an establishment with generally more than ten employees. An agreed probationary period is not the same as this qualifying period. Employee-count rules include part-time weighting and transitional provisions. You should observe the three-week deadline even if general dismissal protection does not apply.

Does bringing a claim automatically entitle me to severance?

No. The claim initially concerns the validity of the dismissal and whether employment continues. Severance may form part of a settlement or arise under specific statutory or contractual provisions. Whether a negotiated solution is appropriate depends on your circumstances and objectives.

Who pays the legal fees?

In first-instance judgment proceedings before the labour court (Urteilsverfahren), each party generally bears its own lawyer’s fees, even if it wins. Court fees and other expenses need separate consideration. We discuss the cost framework and, where relevant, assess legal expenses insurance or legal aid.

Can I file the claim myself?

Legal representation is generally not mandatory in first-instance labour court proceedings. The court’s legal applications office can help record a claim but does not provide individual legal advice. An ordinary email to the court is not sufficient to file a claim validly. Different representation rules apply before the regional labour court.

Does the three-week deadline also apply to a warning?

The three-week deadline for a dismissal claim concerns a dismissal. A warning on its own is different. We assess whether a written response, a request for removal from your personnel file or another step is appropriate based on the allegations and your circumstances. If you also receive dismissal notice, its filing deadline must be assessed separately.

What applies to managers and managing directors?

Managers may be employees, while company office-holders such as managing directors or management board members often have a different legal status. We therefore assess the contract, corporate office, dismissal protection and the appropriate court jurisdiction separately. The job title alone does not answer these questions.

How long does the case take?

This depends on factors including the court’s schedule, the disputed issues and any settlement. An agreement may be reached at the conciliation hearing; contested proceedings involving evidence or an appeal take longer. A fixed duration or a particular outcome cannot be promised.

Can we work together without travelling to Bargteheide?

Yes. The first discussion and preparation can take place by telephone or digitally. We agree how documents will be exchanged. Whether you must attend a court hearing in person depends on the court’s order and will be discussed with you.

Legal provisions and official information

General guidance on German law. Your individual case still needs assessment. Court directory and enacted structural changes checked on 2 November 2026.

  • Dismissal Protection Act (KSchG), especially sections 1, 4–7, 13 and 23
  • Labour Courts Act (ArbGG), especially sections 5, 11, 12a, 48, 54 and 64
  • Federal Labour Court: structure and procedure of the labour courts
  • Hamburg Labour Court: information sheets and claim forms
  • Schleswig-Holstein: specialist court restructuring legislation (GVOBl. 2025/180)

CONTACT

A conversation
is a beginning.

04532 999 32 90info@mabel-law.de
Mabel Law · Lawyer Lena Kleene
Marie-Curie-Straße 2
22941 Bargteheide
By appointment

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LEGAL INFORMATION

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The content of this website provides initial guidance. Individual legal assessments take place in direct consultation. The nature and scope of any engagement are agreed separately.

Time-sensitive matters

Please tell us about any current deadlines when you contact us. For urgent matters, you can reach the firm by phone on 04532 999 32 90.

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