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Instant dismissal
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Summary dismissal: What now?
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Instant dismissal is one of the most drastic forms of dismissal. You lose your job immediately, no longer receive wages and risk not being entitled to unemployment benefits. For many employees, this dismissal comes unexpectedly and feels like a fait accompli. Because the consequences are so significant, it is important to seek legal advice quickly. Read on or contact us directly for legal advice.
Fast forward to
- What is summary dismissal?
- When may instant dismissal be given?
- Urgent reasons for immediate dismissal
- What are the consequences of summary dismissal?
- Instant dismissal: what next?
- 1. Make an objection to your employer
- Request a free VSO check
- 2. Launching summary proceedings in the subdistrict court
- 3. Appeal
- I am happy to help you with legal advice
- Frequently asked questions about summary dismissal
What is summary dismissal?
Instant dismissal means that your employer terminates your employment immediately, without notice. You no longer have to work and your employer does not have to pay your wages from then on. This is only allowed in exceptional situations, such as serious misconduct.
The law has strict requirements for this. An employer may only dismiss you summarily if there is an urgent reason, such as theft, fraud or serious misconduct. Moreover, the dismissal must be immediate and the reason must be communicated to you immediately and clearly.
With instant dismissal, there is no prior assessment by the UWV or the subdistrict court. Nor does your employer have to investigate whether redeployment within the organisation is possible.
When may instant dismissal be given?
Instant dismissal may only be given if there is a very serious situation that the employer cannot reasonably be expected to continue the employment. It involves behaviour that directly and irreparably violates trust. In that case, your employer may terminate the employment contract immediately, without notice. There are 3 legal requirements that summary dismissal must meet:
- There is an urgent reason
- The dismissal was given without delay: there should be no unnecessary time between the event and the dismissal.
- The urgent reason is clearly communicated and provable: your employer must be able to prove what happened and why it justifies dismissal.
If any of these conditions are not met, the summary dismissal is legally contestable. In practice, employers regularly make mistakes here, with major consequences for the employee.
Urgent reasons for immediate dismissal
An urgent reason is behaviour so serious that the employer cannot be expected to continue the employment. The law does not mention a fixed list, but in practice it often involves situations such as:
Theft, embezzlement or fraud (e.g. money, goods or employer data)
- Violence, threats or serious intimidation towards colleagues, superiors or customers
- Serious insult or discrimination
- Work refusal without a valid reason, especially after repeated warnings
- Drinking or drug use during working hours, especially in positions with security risks
- Violating safety regulations, endangering others
- Leaking or misusing confidential information
- False sick report or other deception towards the employer
- Repeated serious dereliction of duty despite previous warnings
Whether there is a valid urgent reason always depends on the circumstances of the case, such as your position, the seriousness of the behaviour and your employment history. In doubt as to whether your summary dismissal was given fairly? Engage our legal expertise immediately.
What are the consequences of summary dismissal?
The consequences of summary dismissal are very drastic and affect you directly. The employment ends immediately, meaning you will not receive your salary immediately. In addition, you usually do not receive a positive reference, which can make it more difficult to find a new job. Other consequences include:
Instant dismissal: what next?
Even if your employer says the employment was terminated with immediate effect, that does not automatically mean that the dismissal is legally justified. There are several ways to challenge the dismissal:
- Making an objection to your employer
- Going to the cantonal court
- Appeal
It is important to take action quickly, because short legal deadlines apply to challenging instant dismissal and your rights will be forfeited if you wait too long. Want advice on the right next step? Contact our employment lawyer.
Helpful tips for summary dismissal
1. Make an objection to your employer
The first step after instant dismissal is to object to your employer. You do this by letting them know in writing that you do not agree with the dismissal and that you do not accept it. By doing so, you safeguard your rights and make it clear that the last word on the matter has not yet been said.
In practice, such an objection regularly leads to consultations. Employers often realise that summary dismissal is legally risky and can be reversed afterwards. To avoid further proceedings, they may opt for a dismissal by mutual agreement via a settlement agreement (VSO).
2. Launching summary proceedings in the subdistrict court
If an objection with your employer does not yield a solution, you can start summary proceedings with the subdistrict court. This is a quick legal procedure in which the judge gives a preliminary opinion on the instant dismissal.
In summary proceedings, the court may, for example, rule that the dismissal is not upheld for the time being and that the employer must continue to pay wages, or that the parties must have new talks. This route is mainly chosen when the financial consequences weigh heavily immediately and quick clarity is needed.
Note: you must file summary proceedings within 2 months of the dismissal date.
What is the possible outcome of this?
If the subdistrict court rules that the legal requirements for instant dismissal have not been met, for example because there was no urgent reason or the dismissal was not immediate, the dismissal may invalid be declared. In that case, it is legally pretended that the dismissal never took place.
Moreover, in summary proceedings, it may turn out that not you, but the employer has acted culpably. The court may then decide that the employment must be reinstated or that you are entitled to fair compensation. It may also be determined that you will receive retroactive pay for the period after the dismissal.
3. Appeal
If you disagree with the ruling of the subdistrict court, it is possible in some cases to appeal to the court of appeal. This is only possible in cases where the financial interest exceeds €1,750.
On appeal, the case is reviewed again. The court then considers whether the subdistrict court applied the law correctly and whether the decision can be upheld. This step is usually considered in cases of greater financial or principled interests and is the last possibility to have the dismissal legally reviewed.
My initial advice is free
I am happy to help you with legal advice
My name is Robin Sieverdink, employment lawyer and specialises in dismissal cases and settlement agreements. Instant dismissal is one of the most drastic forms of dismissal. The consequences are often immediate, for example for your income and your entitlement to benefits. That is why I not only check whether the dismissal legally stands, but also what it means in concrete terms for your situation and what steps you can take.
Want to know if the dismissal is justified and what your options are? Call or WhatsApp via +(31) 085-08 054 82 or send an e-mail to info@legalworx.nl.
Frequently asked questions about summary dismissal
In that case, you will simply remain in the service of your employer. In practice, however, the employment relationship is often strained as a result, leading to a settlement being reached at a later stage.
Yes, you can lodge an appeal with the Court of Appeal within three months. You will need a solicitor to handle that appeal.
Yes, you can submit a statement of defence and present your case at the hearing. A well-substantiated defence increases your chances of the claim being dismissed or of receiving a higher compensation payment.
Usually not, as there is a ban on dismissal whilst you are off sick. Only if the reason for dismissal is unrelated to your illness may the court sometimes grant the request.
Yes, because the court is terminating the contract, you are not deemed to be at fault for being unemployed and you remain entitled to unemployment benefit. Do make sure that the end date stated in the decision is correct.
Yes, if your contract is terminated by the subdistrict court, you are entitled to a transition payment. If your employer acted in a seriously culpable manner, the court may award you additional fair compensation.
No, resigning yourself does not go through the UWV. The UWV only assesses applications for dismissal submitted by an employer. If you resign yourself, you terminate your employment on your own initiative.
Note: Resigning yourself will in many cases affect your WW entitlement. The UWV may categorise this as culpable unemployment, leaving you with no or temporary entitlement to WW benefits. It is therefore wise to seek legal advice before taking this step.
Not every dismissal goes through the UWV. In the following situations, the UWV is not the right route:
- dismissal for dysfunction;
- dismissal due to an industrial dispute or disrupted working relationship;
- instant dismissal;
- dismissal during the probationary period.
These forms of dismissal usually go through the subdistrict court or by mutual agreement. It is therefore important to first establish which reason for dismissal your employer uses, as this will determine which procedure applies.
