Are you summarily dismissed? Then the shock is often great. You suddenly find yourself without work and income, while the consequences are immediately far-reaching. Many people wonder what steps they should take now and how they can protect their rights.
A summary dismissal has immediate consequences. Yet in practice it regularly turns out that such a dismissal not legally valid is. That is precisely why acting quickly and thoughtfully is essential.
In this article, you will learn, among other things:
- what exactly this form of dismissal entails;
- which steps you must take immediately;
- when dismissal can be invalid;
- what compensation may be available;
- and which mistakes you should avoid.
For general information about terminating an employment contract, you can also consult our page on employment law .
What does summary dismissal mean?
Summary dismissal is the most severe way an employment relationship can end. The employment contract ends immediately, without a notice period and generally without a transition payment.
Because the consequences are so far-reaching, the law sets strict requirements. Such a dismissal is only valid when:
- there is an urgent reason;
- the dismissal without delay has been given;
- the reason has been communicated immediately and clearly.
If any of these elements is missing, the dismissal may be invalid.
What steps should you take immediately?
Acting quickly and carefully is crucial. We recommend doing the following immediately:
- File a written objection to the dismissal as soon as possible.
- Request a written explanation of the reason for the dismissal.
- Keep all relevant documents (emails, WhatsApp messages, statements).
- Make yourself available for work, even if you are turned away.
- Seek legal advice as soon as possible.
Note: waiting or doing nothing can seriously harm your legal position.
Practical example: waited too long
An employee is immediately dismissed on Friday afternoon. He decides to wait and only takes action weeks later. The court rules that he responded too late, which has significantly reduced his chances.
Lesson: timely action is essential.
When is a dismissal invalid?
In practice, it regularly turns out that a summary dismissal does not hold up. This is the case, for example, when:
- the conduct is not serious enough;
- the employer waited too long to act;
- no hearing of both sides has taken place;
- the measure is disproportionate;
- comparable situations have been treated differently.
You can read more about this in our in-depth article: summary dismissal unjustified .
Is it wise to challenge the dismissal?
In many situations, it is advisable to formally challenge the dismissal. This prevents the dismissal from becoming final.
In our main article, we explain in detail how this works: contesting summary dismissal .
What about benefits?
After a summary dismissal, an unemployment benefit (WW) is often denied, because the UWV may assume culpable unemployment.
The UWV assesses this independently. You can find more information at: uwv.nl – Unemployment benefit (WW) .
What does the law say?
The statutory requirements for this form of dismissal are laid down in the Civil Code. The government provides an explanation about this at:
Government of the Netherlands – Dismissal
What compensation is available?
When the dismissal turns out to be unjustified, the court may decide, among other things, to:
- annulment of the dismissal;
- reinstatement of the employment contract;
- payment of back pay;
- award of fair compensation;
- reimbursement of legal costs.
Practical example: compensation awarded
An employee is dismissed for alleged refusal to work. The court rules there was no urgent cause and awards a fair compensation in addition to wages.
Lesson: a wrongful dismissal can be costly for the employer.
Frequently Asked Questions
Do I need to respond immediately?
Yes. Responding quickly is crucial.
Can an employer just do this?
No, only under strict conditions.
Can I still receive wages?
Yes, if the dismissal turns out to be invalid.
How quickly do I need to take action?
The deadlines are short; delay can be disastrous.
Don’t wait too long
In the case of immediate dismissal, short deadlines and significant financial consequences apply. A prompt legal assessment is therefore essential.
