Feeling that your employer wants to get rid of you can cause a lot of uncertainty and tension. You may notice that conversations become more critical or that your performance is suddenly in question. Impending dismissal does not mean that you have already been fired. As long as no official proceedings have been initiated, your employment is still in effect. We will be happy to tell you what steps you can take and when it is wise to seek legal advice.

Fast forward to

What does imminent dismissal mean legally?

Impending dismissal means that your employer is sending signals that your employment may be terminated, but that no official dismissal procedure has yet started. Legally, therefore, you are still fully employed and all rights and obligations from your employment contract apply.

As long as there are only threats, such as critical conversations, warnings or pressure to leave, there is no formal dismissal yet. This also means that your employer must continue to comply with its obligations, such as continuing to pay wages and offering work.

An employer cannot simply dismiss you. Termination of employment always requires a legal ground for dismissal. Think of dysfunction, a disturbed working relationship, economic reasons or long-term illness. Moreover, an employer must be able to substantiate its position with a carefully constructed file.

What can you do in case of imminent dismissal?

As long as no official dismissal proceedings are pending, there is little you can legally enforce. You cannot prohibit your employer from starting proceedings. However, you can do a lot at this stage to strengthen your position.

Keep working and do not accept unnecessary exemption

Continue to carry out your work as you always do. Don't just agree to exempt work. That could be used against you later.

Work with full commitment

Continue to work professionally and carefully. Arrive on time. Complete tasks neatly. Respond to emails in a timely manner. Your employer needs to build a file if it wants to fire you. Good performance makes that more difficult.

Stay professional in your communications

Stay tidy in conversations and e-mails. Even if you feel you have been treated unfairly. Emotional reactions can be used against you later.

Make sure you remain businesslike and factual. Moreover, do not make negative comments about your employer to colleagues.

Put important communications in writing

Confirm important matters and agreements by e-mail. Ask for confirmation if something is discussed verbally. This will help you avoid misunderstandings and you will also build a file yourself.

Do not simply agree to interview reports

Do you receive a report of an interview? Read it critically. If the content is not correct, please submit your additions or corrections in writing.

You are not obliged to agree immediately.

Do not sign dismissal proposal without advice

Are you receiving a settlement agreement or other termination proposal? Don't sign anything under pressure. Have the contents legally assessed first. A signature could have major consequences for your income and benefits.

The earlier you seek help with impending dismissal, the better your position is usually. Just before proceedings start, there is often room to influence the course of proceedings.

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What are your rights in the event of imminent dismissal?

As long as your employment contract is in place, you have legal protection. Your employer cannot simply dismiss you without a valid reason and without following the proper procedure.

Legislation surrounding dismissal procedures

  • Your employer always needs a legal ground for dismissal.
  • The employer must be able to support its position with a carefully constructed file.
  • Without permission from the UWV, a ruling from the subdistrict court or an agreement signed by you, employment cannot be terminated.

Additional protection rules

  • If you are ill, a ban on dismissal applies. Your employer may not simply dismiss you while you are unfit for work.
  • During pregnancy and maternity leave, there is a strict prohibition on dismissal. Dismissal for this reason is not allowed by law
  • If you are a member of the works council, you enjoy extra protection from dismissal. Dismissal is then possible only in exceptional cases.
  • Dismissal may also apply in other situations, such as during parental leave or military service. Your employer should take this into account.

An impending dismissal is not in itself a valid reason for calling in sick. Only if you are unable to work due to physical or psychological complaints may you report sick. The company doctor will then assess whether you are unfit for work.

The different dismissal procedures

If the situation escalates, your employer can only terminate the employment through an official dismissal route. In the Netherlands, there are three main procedures: via the subdistrict court, via the UWV or via a settlement agreement. Which route is chosen depends on the reason for the dismissal.

Cantonal court

In case of dismissal for dysfunction, a disrupted working relationship or culpable behaviour, the procedure goes through the subdistrict court. Your employer must then prove that there is a valid ground for dismissal and that it has done enough to solve the problem.

The judge will assess whether the dismissal is justified. Without a court ruling, your employer cannot terminate the employment.

UWV

For economic reasons or after two years of illness, your employer must seek permission from the UWV. The UWV tests whether all legal conditions are met.

Without permission from the UWV, your employer may not terminate the employment contract.

Settlement agreement

Instead of proceedings, your employer may also propose to terminate employment terminate by mutual consent. This is done through a settlement agreement (VSO).

A VSO often offers more scope to agree on compensation, end date and other conditions. You thus avoid a formal and often lengthy procedure through the courts or the UWV.

In many situations, a VSO gives more direction and negotiating space than an imposed decision. Always have a proposal legally reviewed before signing.

Get your VSO checked for free

Will you be offered a settlement agreement in the event of imminent dismissal? With our free VSO check will quickly clarify your position and your scope for negotiation. We will assess whether the agreements are legally correct and whether the terms are set out in the most favourable way for you.

1. Apply for the VSO check

Complete the form and upload your settlement agreement. Do you submit your application before 17:30 on a working day? We will contact you within 30 minutes.

Redundancy lawyer Robin Sieverdink takes a close look at your settlement agreement. He assesses whether the agreements made are legally correct, whether your entitlement to unemployment benefit is properly safeguarded and whether the conditions are set out fully and in your favour.

After completing the check-up, we will contact you by phone. In this conversation, we will discuss, among other things:

  • Whether the transition allowance has been calculated correctly;
  • Whether your WW entitlement is legally well established;
  • Whether outstanding holiday and leave hours have been processed correctly;
  • Whether and from when you can start working for a new employer during the notice period;
  • Whether there is room to negotiate better terms;
  • Whether you can claim a (positive) certificate;
  • and whether the notice period is correctly included in the agreement.

Do you submit your request before 17:30 on a working day? Then you will receive personal advice within 30 minutes.

Does the assessment show that the scheme can be improved? Then together we will consider what next steps are appropriate. If you wish, we will enter into consultations with your employer on your behalf. We adapt provisions, add missing clauses or draft a modified or new draft.

In many cases, this support is free of charge, as employers provide a legal budget for this purpose. If there are nevertheless costs involved in further guidance, we will always inform you clearly in advance.

Why is the first consultation free?

We believe that expert legal advice should be accessible, especially at a time of uncertainty and time pressure. In the event of dismissal, you want to know where you stand quickly, without first thinking about costs.

That is why the first consultation is free and non-binding. You will get an immediate assessment of your situation by an experienced dismissal lawyer and clear insight into your rights and options.

Get in touch today!

We check 100% your settlement agreement for free and without obligation. Sent in before 17:30? Advice within 30 minutes.

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My initial advice is free

I am here for you with legal advice

My name is Robin Sieverdink, employment lawyer specialising in dismissal cases and settlement agreements. Impending dismissal often brings uncertainty. You notice the pressure mounting, but do not yet know where you stand legally.

At this stage, it is important to get clarity. I carefully assess your situation. In doing so, I look not only at the legal side, but also at the consequences for your income, your benefits and your negotiating position.

Want to discuss what is wise in your situation? Call or WhatsApp via +(31) 085-08 054 82 or send an e-mail to info@legalworx.nl.

  • My initial advice is free

  • 15+ years of experience in dismissal cases

  • You have 95% chance of a better severance package

Frequently asked questions about impending dismissal

No. An employer always needs a legal ground for dismissal and must follow the correct procedure through the UWV, the subdistrict court or through a settlement agreement. Without a valid reason and official route, your employment cannot be terminated.

Failure to respond to criticism or suggestions may weaken your position. Your employer may then argue that you are uncooperative or unwilling to improve. Acting actively and carefully increases your bargaining power.

Don't just go along with this. If you resign yourself, this could affect your entitlement to unemployment benefits. If you are being pressured, it is wise to seek legal advice before making a decision.

Not without question. An employer may propose reasonable changes, but major job changes must be well justified. If it involves a clear deterioration of your position, you do not automatically have to agree.

Remain professional and respond substantively to criticism. Ask for concrete examples and put your response in writing. This way, you yourself will also build a file that can strengthen your position.

In principle, you are expected to cooperate with a reasonable improvement process. Refusing may weaken your position. If you have doubts about the reasonableness or intent of the trajectory, have a legal assessment first.

Instant dismissal foot is only allowed in case of an urgent reason, such as seriously culpable behaviour. Threats of this are sometimes used as a means of pressure. If this is mentioned, it is wise to seek legal advice immediately.

As long as your employment is ongoing, you do not have an obligation to apply for a job towards the UWV. That obligation only arises when you actually become unemployed and apply for WW benefits.

In the Netherlands, you may record a conversation if you participate in it yourself. You do not always have to inform the other party in advance. However, keep in mind that using recordings may further strain the working relationship.