Are you being made redundant due to a reorganisation and do you feel your employer hasn't followed the correct procedures? There's a real chance the mirror principle has been applied incorrectly. This isn't a minor detail; it's a legally required method that determines who is first in line for redundancy. If you know your rights, you can act in time.
What the mirror principle entails and why it matters
The mirror principle is the legally prescribed method for determining which employee must be put forward first for redundancy on economic grounds. The core idea is straightforward: the age composition within a group of interchangeable roles must remain as close as possible after the reorganisation to what it was before. Your employer may not simply choose who leaves.
To achieve this, the employer divides all employees within a category of interchangeable roles into five age groups: 15 to 25, 25 to 35, 35 to 45, 45 to 55, and 55 and over. Within each age group, the principle of last in, first out then applies: the employee with the shortest length of service is put forward for redundancy first.
It is important to note that interchangeability relates to the roles themselves, not to the individuals performing them. The level of qualification or the performance of an individual employee is not in itself a reason to select someone else.
Common errors in the application
In practice, things frequently go wrong. Employers sometimes make choices, whether deliberately or not, that influence the outcome of the mirroring process. If you recognise any of the following situations, further investigation is certainly worthwhile:
- Incorrect role classification: the employer defines the boundaries of a role group too broadly or too narrowly, causing you to be placed in a different category than you should be.
- Incorrect assessment of interchangeability: Roles that are comparable in terms of content, knowledge, and remuneration are wrongly designated as non-interchangeable.
- Incorrect age group assignment An employee has been placed in the incorrect age bracket, which has altered the redundancy sequence.
- Wrong reference date The employer is using an incorrect date for calculating lengths of service and ages.
- External workers overlooked: Agency workers, freelancers, and other contracted staff must be released first, before permanent employees are considered. If that order is reversed, the entire mirroring calculation is flawed.
- Unjustified claim of indispensability: An employer may exclude a maximum of 101 employees earmarked for redundancy on the grounds of exceptional expertise, but this is subject to strict conditions.
Your steps if the mirroring is incorrect
Do you suspect that the mirror principle has been applied incorrectly in your redundancy? You then have the opportunity to take action at two points: during the UWV procedure and afterwards.
Step 1: Submit a defence to the UWV
As soon as your employer submits an application for a redundancy permit to the UWV, you will be given the opportunity to submit a defence. You will receive a form for this purpose and will have a period of fourteen days. Make use of this opportunity. In your defence, clearly and specifically set out why the mirroring is incorrect: which roles have wrongly been left out of consideration, which colleague should actually have been put forward for redundancy first, or why your age group assignment is incorrect. A well-substantiated defence can lead the UWV to refuse the redundancy permit.
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Plan a conversationStep 2: Apply to the cantonal court after a permit has been granted
Has the redundancy permit been granted nevertheless and have you since been made redundant? That is not the end of the matter. Within two months of your last working day, you can submit an application to the cantonal court. You then request reinstatement of your employment contract or, if that is no longer realistic, an equitable compensation in addition to the statutory transition payment. Courts have ruled in several cases that an incorrectly applied mirror principle constitutes an insufficiently reasonable ground for dismissal, with far-reaching financial consequences for the employer.
Step 3: Negotiate the settlement agreement
Has your employer offered you a settlement agreement instead of going through the UWV route? Then a demonstrable error in the mirroring provides additional negotiating leverage. Your legal position is stronger and you can negotiate a higher payment or better departure terms. Never sign a settlement agreement without having first checked the mirroring calculation.
Practical tips to strengthen your position
- Always request the complete personnel list – including names, ages, lengths of service, and job titles – that your employer submitted to the UWV.
- Compare your role with those of colleagues: are there employees with shorter lengths of service or in the same age group who have not been put forward?
- Check whether there are any external workers or temporary contracts who should have left before you were considered.
- Pay attention to the reference date your employer uses for calculating ages and lengths of service.
- Document everything and keep all correspondence: emails, letters and verbal communications can serve as evidence.
- Seek legal advice promptly, particularly before the deadline for submitting a defence or appeal expires.
When deviation from the mirror principle is permitted
The mirror principle is not absolute. There are situations in which your employer may lawfully deviate from it, but the bar is high. Consider the so-called hardship clause for seconded employees, or the indispensability criterion where an employee demonstrably possesses unique and irreplaceable knowledge. In addition, a collective agreement may establish its own redundancy committee to assess cases in place of the UWV. In all such cases, the following applies: the deviation must be substantively justified and assessed by a competent authority. A ‘creative’ role classification designed solely to protect or dismiss a particular employee is not a valid deviation.
Would you like to know more about the broader context of redundancy during a reorganisation? Read our overview article on Reorganisation and economic redundancy in Eindhoven.
Why Labour Lawyer Eindhoven
At Arbeidsjurist Eindhoven, we understand the local labour market and the reorganisation cases that occur in the Brainport region. Together with you, we will assess whether the mirror principle has been correctly applied, assist you in preparing a defence for the UWV, or guide you through proceedings before the cantonal court. Get in touch without obligation: we are happy to discuss your situation with you, with no strings attached.
Frequently asked questions
How do I know whether the mirror principle has been applied incorrectly in my redundancy?
Ask your employer for the personnel list – including ages, lengths of service, and job titles – that was submitted to the UWV. Then check whether you have been correctly assigned to the right age group, whether there are colleagues with shorter lengths of service in the same group who have not been put forward, and whether external workers have already been released before permanent employees were considered. If in doubt, it is advisable to consult an employment lawyer.
What can I do if the UWV has already granted a redundancy permit even though the mirroring is incorrect?
You can submit an application to the cantonal court within two months following your last working day, citing Article 7:682 of the Dutch Civil Code. You may then request the reinstatement of your employment contract or, if this is no longer feasible, fair compensation in addition to the transition payment. Please be aware that this deadline is strict and commences from your final day of employment, not the date of notice.
Can my employer deviate from the mirror principle if I am indispensable to the business?
In principle, yes, but the bar is set high. The employer must be able to demonstrate that you possess such exceptional knowledge or skills that your redundancy would seriously harm the organisation. Furthermore, a maximum of 10% of the employees earmarked for redundancy may be excluded on this basis, and this must meet strict conditions. A simple preference for a colleague is not a valid reason to deviate from the rules.
Can I also take action if my employer has offered me a settlement agreement?
Absolutely. If the mirroring has demonstrably been applied incorrectly, your legal position is stronger and you have additional negotiating leverage. You can negotiate a higher payment or better terms. Never sign a settlement agreement without first checking the mirroring calculation, as signing it generally means you waive all further claims.
Which roles are taken into account when calculating the mirror principle?
The calculation covers so-called interchangeable roles: roles that are comparable in terms of content, required knowledge and skills, competencies, level and remuneration. The assessment is objective and concerns the roles themselves, not the individual employees performing them. External workers such as agency staff and freelancers are also included in the personnel overview, but they must be released first before permanent employees are considered.
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