Are you summarily dismissed and are you wondering whether you are entitled to an unemployment benefit? Many people are told after being summarily dismissed that they will not receive benefits due to culpable unemployment. However, that is by no means always justified.
In this article, we clearly explain the situation regarding summary dismissal and unemployment benefits, when you do have a right to a benefit and what you can do if it is denied.
For general information about dismissal you can also consult our page on employment law consult.
Are you entitled to unemployment benefits after summary dismissal?
After summary dismissal an unemployment benefit is not automatically granted. The UWV assesses whether there is culpable unemployment.
If the UWV determines that you are at fault for the dismissal, the unemployment benefit may be denied in whole or in part.
What is culpable unemployment?
Culpable unemployment exists when the dismissal is the result of conduct that you could and should have prevented. Employers and the UWV often assume this quickly, but that does not mean it is legally correct.
More information about the assessment of WW can be found here:
uwv.nl – Unemployment benefit (WW)
When are you still entitled to WW?
You may still be entitled to a WW benefit if:
- the summary dismissal unjustified was;
- there is no urgent reason;
- the employer waited too long to dismiss;
- the dismissal was disproportionate;
- you successfully challenge the dismissal.
In that case, the UWV may determine that there is no culpable unemployment.
Should you challenge the summary dismissal?
Yes, in many cases that is crucial. If you do not challenge the dismissal, the UWV often assumes it is correct.
Also read our in-depth articles on this:
Applying for unemployment benefits after summary dismissal
Even after summary dismissal, it’s important to apply for unemployment benefits on time, even if you expect it to be rejected. This prevents problems with time limits.
The UWV assesses the application independently, separate from the civil procedure against the employer.
What does the government say?
The legal rules on dismissal and benefits are explained by the government at:
Government of the Netherlands – Dismissal
Consequences if the dismissal turns out to be unjustified
If the summary dismissal turns out to be unjustified, this can have major consequences:
- reinstatement of the employment contract;
- payment of back pay;
- award of fair compensation;
- reassessment of your unemployment benefit entitlement.
Summary dismissal and unemployment benefits? Have this assessed
A summary dismissal has major financial consequences. A quick legal assessment can make the difference between no income and the restoration of your rights.
