Dismissal and Reflection: What Are Your Rights?

Questioner

my employer applied for a dismissal permit for me at the UWV and received it. it now appears that in my age category 45/55 2 people were included according to the reflection of the total 9 dismissals in our company. I was the second in line based on years of service, namely 23 years of service. The first in line had 9 years of service and the third in line 24. An exemption was requested for the first employee on the basis of not being interchangeable. As a result, numbers 2 and 3 automatically came into play. Now the request has been rejected by the UWV to grant exemption to number 1. This means that number 3 can stay and number 1 will still be dismissed. So numbers 1 and 2 will be dismissed, logical up to now. But now my employer has decided not to apply for a dismissal permit for number 1 after all. This means that in my age category only 1 person will be dismissed, me. My question now is this. Now that number 1 simply has to be included in the reflection again, they have to dismiss him and I should be allowed to stay as number 2, otherwise the reflection is not being applied correctly here. I hope it is clear and I am curious about your answer.

Lawyer

Based on the reflection principle, all employees who have a similar function must be placed in an age category. I understand that in the 45/55 category there are 3 employees, of which you come second based on years of service. If your employer dismisses 1 person in your category, that must be the person who has 9 years of service. Your employer cannot choose who to dismiss, but must do so on the basis of the number of years of service per category.