Have you been summarily dismissed and do you feel that this is unjustified? That feeling is right more often than you think. Employers may only summarily dismiss an employee in exceptional situations. In practice, this severe measure is regularly wrongfully applied.
In this article, we explain when a summary dismissal is unjustified is, what you can do and what rights you have.
For general information about dismissal, you can also consult our page on employment law consult.
When is a summary dismissal unjustified?
A summary dismissal is only legally valid if strict legal requirements are met. If any of these requirements is missing, the dismissal is unjustified.
Summary dismissal is unjustified when:
- there is no compelling reason;
- the employer waited too long to dismiss;
- the reason was not clearly communicated;
- the dismissal is disproportionate;
- similar cases were treated differently.
What is a compelling reason?
A compelling reason is serious misconduct that makes it unreasonable to expect the employer to continue the employment contract. Not every mistake or violation meets this standard.
More explanation about this can be found here: summary dismissal – Government of the Netherlands .
Common situations in which dismissal is unjustified
In practice, we regularly see that summary dismissal is unjustified in the case of:
- a one-off error or mistake;
- emotional outbursts without violence;
- minor refusal to work without a warning;
- alleged theft without evidence;
- private behavior outside working hours.
Even if the employer has long been aware of the behavior but only dismisses later, the dismissal may be invalid.
What can you do in the event of a wrongful summary dismissal?
Act quickly. These are the key steps:
- File a written objection to the dismissal as soon as possible.
- Request a written explanation of the reason for the dismissal.
- Keep evidence (emails, chat messages, witness statements).
- Report that you are available for work.
- Seek legal assistance immediately.
You can read more about this in our main article: challenging summary dismissal .
What can you get if the dismissal is wrongful?
If the court rules that the summary dismissal is wrongful, various consequences may follow:
- annulment of the dismissal;
- reinstatement of the employment contract;
- payment of back pay;
- a fair compensation;
- reimbursement of legal costs.
Consequences for your benefits
In the event of summary dismissal, unemployment benefits are often not granted. The UWV assesses whether there is culpable unemployment.
If the dismissal is declared unjustified, this may affect your entitlement to benefits. You can find more information at uwv.nl.
Is legal assistance free of charge?
In many cases, the costs of legal assistance can be recovered from the employer or through a costs order. This means that legal assistance often free overall is.
Unjustified summary dismissal? Have your case assessed
Do you doubt whether your summary dismissal is justified? Don’t wait too long. A quick legal assessment will significantly improve your chances.
Contact Arslan Advocaten immediately
