Do you want to instruct your own lawyer in a dismissal case while you have legal expenses insurance? First ask which stage is covered: advice on a settlement agreement, negotiations, a UWV procedure or proceedings before the subdistrict court judge (kantonrechter). Free choice of lawyer and reimbursement can work out differently depending on the situation. Do not let a dismissal deadline expire while the costs are being discussed.
Nederlands: Lees dit artikel in het Nederlands: Eigen advocaat bij ontslag en een vaststellingsovereenkomst
Türkçe: Bu makaleyi Türkçe okuyun: İşten çıkarma ve uzlaşma sözleşmesinde kendi avukatınız
Written by Onur Arslan, attorney at Arslan Advocaten. Onur Arslan practised for many years as a corporate lawyer and insolvency trustee (curator) and has extensive experience in financial law disputes. Do you have questions about your own situation? Get in touch.
Having a settlement agreement reviewed
A settlement agreement (vaststellingsovereenkomst, VSO) can affect your end date, severance payment, benefits, non-compete clause, outstanding holiday entitlement and final discharge. A contribution from your employer towards legal costs can help, but it does not automatically mean that the advice is paid for in full. Check the amount, VAT and which work is included.
Your legal expenses insurer may want to review the settlement agreement in-house. A preference for an external lawyer does not automatically give a right to reimbursement at every early negotiating stage. Do ask, however, whether a specific threatened procedure and the other circumstances support an appeal to free choice.
UWV or subdistrict court judge
In a dismissal procedure before the UWV, the Dutch employee insurance agency, free choice may be relevant on the basis of European case law, including C-460/14, Massar. Proceedings before the subdistrict court judge likewise require an assessment of free choice, policy cover and the instruction.
Provide the procedural documents and deadlines to the insurer and the intended lawyer immediately. A discussion about whether a defence is likely to succeed is a different matter from a discussion about the choice of lawyer. If the case handler considers the case to have no prospect of success, the disputes procedure (geschillenregeling) may play a separate role.
Short deadlines take priority
Short, strict time limits (vervaltermijnen) may apply in dismissal cases. A termination agreement, once concluded, is also subject to a statutory cooling-off period, with conditions and exceptions. The government explains the main rules on dismissal by mutual consent.
Do not assume that a complaint to your insurer extends such a deadline. Note the date on which you received documents, the date of signing and the intended end date of your employment. Have it assessed which step is required and by when at the latest. A promise that someone will “get back to you” is not confirmation that the deadline has been safeguarded.
When you disagree with the case handler
Advice to settle can be sensible, but it must match the prospects, the risks and your interests. Ask which points are negotiable and why a particular payment is being recommended. If you disagree on the substance, set out the legal question and the evidence on which your different assessment is based.
A formal independent assessment can affect who is allowed to handle the case afterwards. If you want Arslan to take over the dismissal case, first check whether acting as the assessor limits that possibility. A second opinion that you arrange and pay for separately plays a different role.
What do we agree on when taking over a case?
The instruction must make clear who conducts the discussions with the employer, the UWV or the court and who handles the funding discussion. Discuss the cost ceiling, a possible contribution from the employer and any overlap between the two sources of reimbursement. The same costs may not be invoiced twice.
Frequently asked questions
Can I always choose my own lawyer for my settlement agreement?
You can instruct your own lawyer, but reimbursement by the legal expenses insurance does not follow automatically. The specific stage and the policy conditions are decisive.
Do I have to sign because my case handler advises me to?
Advice is not a substitute for your consent. Ask for an explanation of the consequences and raise any disagreement on the substance in good time.
Can my employer pay for my lawyer?
A contribution towards costs can be agreed. Check the amount and the conditions; it is not automatically owed in every case.
What should I send to Arslan?
The settlement agreement or dismissal documents, your employment contract, relevant payslips, the policy and correspondence with your legal expenses provider.
Read also about free choice of lawyer at the UWV, a refused disputes procedure and second opinion.
Have your dismissal proposal and the options for insured legal representation assessed.
This page provides general information and is not legal advice about your own situation. No rights can be derived from its content.
