{"id":41641,"date":"2026-04-29T05:43:23","date_gmt":"2026-04-29T05:43:23","guid":{"rendered":"https:\/\/www.mgglegal.com\/?p=41641"},"modified":"2026-04-29T05:47:22","modified_gmt":"2026-04-29T05:47:22","slug":"economic-dismissal-clarification-of-the-concept-of-a-redeployment-group","status":"publish","type":"post","link":"https:\/\/www.mgglegal.com\/en\/economic-dismissal-clarification-of-the-concept-of-a-redeployment-group\/","title":{"rendered":"Economic dismissal: clarification of the concept of a redeployment group"},"content":{"rendered":"\n

In a ruling dated 15 April 2026 (French Supreme Court, 15 April 2026, No. 24-19.018<\/em>), the French Supreme Court provides important clarification regarding the concept of a redeployment group in the context of economic dismissal.<\/p>\n\n\n\n

As a reminder, the redeployment obligation is assessed at the level of the company, but also, where applicable, within the group to which it belongs. The concept of a group is strictly defined by reference to the control criteria set out in the French Commercial Code, combined with the possibility of staff interchangeability (Articles L. 233-1, L. 233-3 I and II, and L. 233-16 of the French Commercial Code).<\/p>\n\n\n\n

Facts<\/strong><\/p>\n\n\n\n

In this case, an employee dismissed for economic reasons challenged the real and serious grounds of her dismissal, in particular alleging that her employer had failed to comply with its redeployment obligation.<\/p>\n\n\n\n

Procedure<\/strong><\/p>\n\n\n\n

In order to find that the dismissal lacked real and serious cause, the Court of Appeal relied, as a first ground, on the existence of a redeployment group between several associations. It based its reasoning on their joint participation in a structure aimed at pooling human, technical, and financial resources, as well as on the possibility of staff interchangeability.<\/p>\n\n\n\n

The employer argued that these factors were insufficient to establish the existence of a group within the meaning of the applicable provisions. It contended that the Court of Appeal had failed to verify the existence of a control relationship between the entities concerned, which is nevertheless a necessary condition for recognizing a redeployment group.<\/p>\n\n\n\n

Decision<\/strong><\/p>\n\n\n\n

The French Supreme Court quashed the Court of Appeal\u2019s decision on the ground at issue. It reiterated that the concept of a group, for the purposes of the redeployment obligation, requires the cumulative fulfillment of two conditions:<\/p>\n\n\n\n