Summary dismissal is a termination for an urgent reason, in which the employment contract is terminated immediately. In such cases, the employer does not need permission from the UWV. However, a number of requirements must be met for a summary dismissal to be legally valid. These requirements are as follows:
- There must be an urgent reason;
- The dismissal must take place without delay;
- The reason for dismissal must be communicated to the employee without delay.
If the employer is (still) not sure whether there is an urgent reason for dismissal, they can investigate this. For example, they may wish to investigate whether an employee has actually committed theft. During this investigation, the employer has the option to suspend the employee concerned.
A summary dismissal challenge
If the three conditions are not met, the employer acts in violation of the law. In that case, the employee can challenge the dismissal. For example, they can invoke the voidability of the dismissal because there was no urgent reason. If the challenge succeeds, they remain employed by the employer and are entitled to continued payment of wages from the dismissal date.
Another option for the employee is to choose to leave the termination of the employment contract in place and claim compensation for irregular termination. In that case, the compensation is equal to the salary over the notice period that the employer should have observed in the event of a regular termination. The employee can also claim a transition payment and fair compensation.
A summary dismissal must in any case be contested within two months. Our expert employment law attorneys can assist you during dismissal proceedings.
