I recently represented a department head at the Reutlingen Labor Court. Between the end of the period of the notice of change and before the end of the notice period, she was no longer employed in her previous position, but in the new position (much lower) offered as an alternative. This was inadmissible because she will continue to be the head of department at least until the end of the notice period and will have to be employed as such.
At the suggestion of the court, the parties have agreed on a settlement that corresponds to my request. Great success!
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