Summary dismissal is the most drastic way an employment contract can end. The contract is terminated with immediate effect, without a notice period and without permission from the UWV. Precisely because the consequences for the employee are severe, the law sets strict requirements for a valid summary dismissal.
This article explains when summary dismissal is permitted, which conditions apply and what you can do if you want to challenge the dismissal.
A summary dismissal is valid only if all of the conditions below are met:
1. An urgent cause
There must be an urgent cause. This means the employer cannot reasonably be expected to let the contract continue. Examples include:
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theft or embezzlement
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fraud or forgery
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assault or serious threats
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persistent refusal to work
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serious insults to the employer or colleagues
Whether there is an urgent cause depends on all the circumstances of the case, such as the nature of the conduct, the employee’s role and their personal circumstances.
2. Dismissal without delay
The summary dismissal must be given without delay. That means without unnecessary delay after the employer learns of the urgent cause.
3. Immediate notification of the reason
The employer must communicate the reason for dismissal immediately and clearly to the employee. The employee must know exactly why they are being dismissed on the spot.
Investigation and suspension
If an employer is still unsure whether there is an urgent cause, it may first carry out an investigation — an internal inquiry where theft or fraud is suspected, for instance.
During that investigation the employer can suspend the employee. That means the employee is temporarily released from work, usually on full pay. Requirements of due care apply at this stage too.
Challenging a summary dismissal
If the summary dismissal does not meet all the statutory conditions, it is unlawful. The employee then has several options.
Setting the dismissal aside
The employee can ask the court to set the summary dismissal aside. If that succeeds:
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the employment contract continues to exist
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the employee is entitled to continued pay from the date of dismissal
Claiming compensation
The employee can also choose to accept the dismissal but claim compensation, such as:
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compensation for irregular notice (pay over the notice period)
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a fair compensation where the employer acted in a seriously culpable way
Which option is wisest differs from case to case and calls for tailored legal advice.
Deadline: act within two months
A summary dismissal must be challenged within two months of the date of dismissal. Anyone who is late loses their rights. Prompt legal advice is therefore essential.
Legal help with summary dismissal
A summary dismissal has major consequences for income, reputation and future prospects. Our employment lawyers assess straight away whether the dismissal is valid and which steps are best taken. The cost of our assistance is – where possible – recovered from the liable party, so that the service is free of charge for clients.
Practical tips on summary dismissal
Summary dismissal has far-reaching consequences, both financial and personal. It is therefore important to pay close attention and act quickly if it happens to you. Here are some practical tips:
- Always ask for written confirmation of the dismissal, including the reason and the date on which it was given.
- Keep evidence that supports your side of the story: e-mails, witness statements or other documents.
- Do not react impulsively to the dismissal; take the time to have the situation assessed by a lawyer.
- Lodge your challenge within two months with the subdistrict court if you want to challenge the dismissal. This deadline is strict and cannot be extended.
Legal options after a summary dismissal
If you consider the dismissal unjustified, you can challenge it before the subdistrict court. The court will assess whether the dismissal was validly given against the criteria set by law. Possible outcomes are:
- The dismissal is set aside and you keep your right to pay and to employment.
- The dismissal is set aside, but the court awards fair compensation instead of reinstatement.
- The dismissal is upheld as valid, and you lose your right to pay and other terms of employment.
The UWV can also be involved in certain dismissal procedures, but its permission is not required for a summary dismissal.
Important points for employers
Employers, too, must handle summary dismissal with care. It is essential that the urgent cause is clear and incontrovertible. An unjustified dismissal can lead to substantial damages and reputational harm. Employers would do well to:
- Seek legal advice immediately if there is any doubt about the lawfulness of the dismissal.
- Build a solid file recording the employee’s conduct.
- Inform the employee immediately and clearly about the dismissal and its reasons.
Contact Arslan Advocaten
Are you facing a summary dismissal, or do you want to challenge one? The specialists at Arslan & Arslan Advocaten are ready to help with expert advice and legal support. Contact us today for a no-obligation conversation and protect your rights.
Read also
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- Dismissal during pregnancy and parental leave: your rights
- The chain rule explained: when do you get a permanent contract?
Frequently asked questions
When is a summary dismissal valid?
A summary dismissal is valid if there is an urgent cause, it is given without delay, and the reason is communicated to the employee immediately and clearly. All the conditions must therefore be met.
What should an employer do if it is unsure about the urgent cause?
The employer may first carry out an investigation to clarify the situation, for instance where theft or fraud is suspected. During that investigation the employee can be suspended on full pay.
Can an employee challenge a summary dismissal?
Yes. The employee can ask the court to set the dismissal aside if not all the conditions were met. That can lead to reinstatement of the contract and continued payment of wages.
What compensation can an employee claim after an unlawful summary dismissal?
The employee can claim pay over the notice period, the transition payment, or fair compensation where the employer acted in a seriously culpable way. It is important to seek legal advice.
Need help? Our employment lawyer is ready to help you. Contact us without obligation for a free initial consultation.