When you are suddenly summarily dismissed, your world is immediately turned upside down. From one day to the next you lose your job, you no longer receive wages, and your benefits can be denied. Many employees then wonder: Is this allowed? and what are my rights?
In this comprehensive guide, the employment law attorneys at Arslan Advocaten explain step by step what summary dismissal means, when it is legally valid, and how you can challenge it.
What is summary dismissal?
means that your employer terminates your employment contract with immediate effect terminates, without notice period and without a dismissal procedure. It is only permitted in very exceptional situations, when there is an urgent reason.
Examples of situations that employers often put forward as an urgent reason:
- theft or embezzlement in the workplace
- aggression or threats
- fraud
- serious refusal to work
- gross insult of a colleague or manager
- being under the influence of alcohol or drugs during work
But: not every accusation is automatically a valid reason for summary dismissal.
Summary dismissal during pregnancy: is that allowed?
Being pregnant does not offer absolute protection against summary dismissal. Even if you are expecting, the employer may, in exceptional cases, proceed to summary dismissal – but only if there is a real, urgent reason, such as the examples mentioned above. Simply being pregnant may never be the reason for dismissal; that would be discrimination and is prohibited by law.Has summary dismissal been given during pregnancy and do you doubt the reason? Then it is wise to seek legal advice immediately. A valid summary dismissal always requires robust justification, so your employer must come with strong arguments.
Summary dismissal for agency workers
Slightly different rules apply to agency workers than to permanent employees. Many agency contracts include a so-called ‘agency clause’. This means that your employment contract can often be terminated immediately as soon as the client (the company you work at) indicates it no longer needs you. This is not always the same as summary dismissal.Important to know:
- Summary dismissal for agency workers is only allowed for an urgent reason, just like for permanent employees.
- If your work suddenly stops because the employment agency or the client decides so, this does not necessarily amount to summary dismissal.
- Do you suspect that you were wrongfully summarily dismissed? Always have your situation properly reviewed, for example by a specialist or through a union such as FNV.
In short: summary dismissal is possible for agency workers, but because of the temporary agency clause there are often different rules than for permanent contracts.
The three statutory conditions
1. Urgent reason
It must concern a situation so serious that the employer cannot be expected to continue the employment contract.
2. Immediacy
The employer must immediately act. There must not be too much time between the incident and the dismissal.
3. Duty to inform
The employer must immediately and clearly tell why you are being summarily dismissed.
Consequences of summary dismissal
- no pay with immediate effect
- no entitlement to unemployment benefits
- no transition compensation
- possible damages owed to the employer
- negative consequences when applying for jobs
These consequences only apply if the dismissal justified is.
What to do in case of suspension?
- Stay available for work, unless you are explicitly told otherwise by your employer.
- Ask in writing for clear information about the reason for your suspension.
- Keep all correspondence, such as letters and emails, safe.
- Consider whether you want to seek legal assistance—for example, from a trade union or an employment lawyer.
- Keep an eye on your salary: you are generally still entitled to receive pay during suspension.
Note: suspension is not dismissal, but often a temporary measure to investigate a situation. Act immediately if you think the arrangement is not correct.
What can you do against a summary dismissal?
1. Request annulment
You ask the subdistrict court judge to declare the dismissal invalid.
2. Claim fair compensation
If you do not wish to return, you can request compensation due to seriously culpable conduct by the employer.
3. Negotiating a settlement agreement
In some cases it is better to convert the dismissal into a termination with compensation and retention of unemployment benefits.
What if you have already signed a statement?
It often happens that employers have you sign something immediately after a summary dismissal—for example, a statement in which you would agree to the dismissal or acknowledge the reason. This can have major consequences for your rights and benefits.Our tips:
- Do not sign documents lightly, even if you are being pressured or asked to “just quickly” sign something.
- Have you already signed something? Don’t panic, but act quickly. Have the document reviewed by an employment lawyer before you take further steps.
- Always ask for (and keep) a copy of what you have signed.
- Do not admit fault verbally or in writing without first obtaining legal advice.
Even if you have already signed, your chances are not necessarily bad—there are still options to challenge the dismissal or safeguard your rights. Prompt legal advice is essential in this situation.
Note: you have only 2 months
You must within 2 months to the subdistrict court. Don’t wait too long.
Step-by-step plan: what should you do today?
- Contact an employment lawyer immediately
- Ask for the reason for dismissal in writing
- Collect evidence such as emails, WhatsApp messages and camera footage
- Do not admit fault without legal advice
- Decide on your strategy
Do not sign anything before obtaining legal advice. Employers sometimes ask you to quickly sign a statement or document—for example about the reason for dismissal or your ‘fault’. Do not do this lightly. Always ask first for a copy of the document and do not sign anything until you are sure of your rights. By signing immediately, you risk waiving important rights, such as a benefit or the possibility to challenge the dismissal.Have you already signed something? Then contact an employment lawyer as soon as possible.
When is summary dismissal unjustified?
In practice, many dismissals turn out to be not legally valid due to:
- late response from the employer
- lack of evidence
- incorrect or unclear reason
- insufficient consideration of personal circumstances
common real-world situations
- unjustified accusation of refusing to work
- administrative errors that are not fraud
- workplace dispute where context is missing
- suspicion without hard evidence
- alcohol/medication without serious misconduct
Transition compensation and wages in case of wrongful dismissal
If the dismissal is invalid, you are entitled to:
- back pay
- holiday allowance and interest
- transition compensation
- fair compensation
Negotiating: sometimes better than litigating
In some cases negotiating is wiser than legal proceedings. We often arrange:
- compensation
- neutral end date
- retention of unemployment benefits
- removal of negative registrations
Finally
A summary dismissal has serious consequences, but is often not legally valid. Therefore, always seek assistance from an experienced employment law attorney.
The attorneys of Arslan Advocaten are ready to help you immediately.
Would you like advice or assistance? Contact us today.
