Collective Redundancy and Protected Groups: Additional Rules for Employers in Utrecht
In Utrecht, stricter rules apply to redundancies involving protected employees during reorganisations. What do Utrecht-based employers need to know about the Dutch Equal Treatment Act and collective redundancy procedures in this dynamic region?
Dutch Equal Treatment Act (WMR) in the Utrecht Context
The Dutch Equal Treatment Act (Wet gelijke behandeling, WMR) prohibits discrimination in redundancy procedures on discriminatory grounds. In cases of collective redundancy (20+ employees within 3 months), the Employee Insurance Agency (UWV) must apply the reflection principle (afspiegelingsbeginsel), prioritising protected groups such as pregnant employees, older workers, and employees with disabilities. In Utrecht, with its large healthcare and tech sectors, this is frequently observed during mergers in the Utrecht Science Park.
Procedural Steps for Utrecht-Based Companies
- Restructuring Plan: Justify selection criteria and submit them to the local UWV office in Utrecht.
- Works Council Advice: Mandatory consultation with the works council (ondernemingsraad), often reinforced by Utrecht-based trade unions such as FNV Regio Midden.
- UWV Assessment: Strict scrutiny of unfair selection by the UWV office on Europalaan in Utrecht.
Non-compliance may result in the nullification of redundancies, substantial fines, and claims through the subdistrict court in Utrecht. Local examples, such as reorganisations at universities and hospitals in the city, have demonstrated this harshly. Utrecht employers: always consult a local employment lawyer to ensure compliance.