Have you been summarily dismissed? That often hits hard. No income, lots of stress, and immediate uncertainty about your rights. Still, a summary dismissal is by no means always legally valid. In many cases an employee can challenge the summary dismissal. In this article we explain what you should do immediately and what your chances are.

You can also find more general information about dismissal on our page about employment law.

What is summary dismissal?

Summary dismissal is the most drastic form of dismissal. The employment contract ends immediately, without a notice period or transition payment. Therefore, the law imposes strict requirements on it.

A summary dismissal is only valid if:

• there is a urgent reason;
• the dismissal without delay was given;
• the reason was communicated immediately and clearly.

When can you challenge a summary dismissal?

You can challenge a summary dismissal if these conditions have not been met. That often happens in practice. For example, when:

• the alleged conduct is not serious enough;
• the employer waited too long before dismissing;
• you were not heard;
• other employees were not dismissed for the same conduct;
• the dismissal is disproportionate.

In such cases, the dismissal can be unjustified be.

Challenging summary dismissal: what should you do immediately?

Acting quickly is crucial. We advise you to take the following steps immediately:

1. File a written objection to the dismissal (as soon as possible).
2. Request written confirmation of the reason for the dismissal.
3. Keep evidence, emails, app messages, and statements from colleagues.
4. Register (if necessary) as available for work.
5. Seek legal advice immediately.

Note: there are short deadlines. Responding too late can seriously weaken your position.

What are your chances if you challenge a summary dismissal?

The chances depend on the circumstances of your case. In practice, we regularly see that:

• the dismissal is annulled;
• the employment contract is restored;
• a fair compensation is awarded;
• outstanding wages must still be paid.

Employers often underestimate how strictly judges assess. More background on urgent reasons can be found here: summary dismissal – Government of the Netherlands .

Common reasons for summary dismissal

Employers often base summary dismissal on:

• theft or fraud;
• refusal to work;
• threats or violence;
• serious insult;
• breach of confidentiality.

But even in these situations, summary dismissal is not automatically legally valid. Read more about this in our in-depth articles:

• summary dismissal: what now?
• unjustified summary dismissal

Are you entitled to benefits?

After a summary dismissal you usually do not receive unemployment benefits. The UWV assesses whether you are unemployed through your own fault. If the dismissal is annulled or found to be unjustified, this can still have consequences for your rights.

More information about this can be found at uwv.nl.

Is legal assistance free when challenging a dismissal?

In many cases, legal assistance can be funded through:

• recovery of costs from the employer;
• a costs order;
• or additional agreements in a settlement.

We always assess your situation and prospects first.

Challenging a summary dismissal? We’re happy to help

Have you been summarily dismissed and do you doubt whether this is justified? Don’t wait too long. A prompt assessment significantly increases your chances of success.

Contact Arslan Advocaten immediately