Reorganisation: four rulings that show where things go wrong
A reorganisation stands or falls with its preparation. In our VL Focus Reorganisation of October 2026, we brought together recent rulings that show where things go wrong.
1. Take the works council’s alternatives seriously
The Enterprise Chamber dismissed a works council’s appeal, but did expect the employer to seriously examine realistic alternatives proposed by the works council. A request for advice is not a formality.
2. Explain the international effects
Shell was refused dissolution of an employment contract because the effects abroad of a global restructuring had not been sufficiently explained. In an international reorganisation, the employer must be able to substantiate the full picture.
3. Offer vacancies within 26 weeks first
A sub-district court awarded fair compensation of EUR 50,000 gross because the parent company sought someone else for the same work within 26 weeks, without first offering it to the dismissed employee.
4. Garden leave after a refused permit is not the end of the road
The interim relief judge in Limburg (13 October 2026, ECLI:NL:RBLIM:2026:10996) ruled on a Project Engineer whose work had largely been moved to Slovakia. The Employee Insurance Agency (UWV) refused the dismissal permit; the employee was released from work with continued pay and claimed reinstatement in his job. The judge rejected the claim: some 90 percent of his work had been relocated and a complete set of duties was lacking. The UWV’s refusal only means that the employer may not give notice. However, garden leave must serve a purpose: the employee cannot be kept in uncertainty indefinitely.
Action points
Start a careful request for advice in good time and examine the works council’s alternatives.
Substantiate the business-economic necessity, including the international effects.
Observe the redeployment obligation and the re-employment requirement within the group.
After a UWV refusal, take further steps yourself.
This blog provides general information and is not legal advice. For advice on a specific situation, please contact us.
