Have you been summarily dismissed? This often comes as a shock. No income, a lot of stress, and immediate uncertainty about your rights. Yet a summary dismissal is far from always legally valid. In many cases, an employee can contest a summary dismissal. In this article, we explain what you should do immediately and what your chances are.
For more general information about dismissal, also visit our page on employment law.
What is summary dismissal?
Summary dismissal is the most drastic form of dismissal. The employment contract ends immediately, without notice period or transition payment. That is why the law sets strict requirements for this.
A summary dismissal is only valid if:
- there is an urgent reason;
- the dismissal was given without delay;
- the reason was communicated immediately and clearly.
When can you contest a summary dismissal?
You can contest a summary dismissal if these conditions have not been met. This happens frequently in practice. For example when:
- the alleged conduct is not serious enough;
- the employer waited too long before dismissing;
- you were not given the opportunity to be heard;
- other employees were not dismissed for the same behavior;
- the dismissal is disproportionate.
In such cases, the dismissal may be unjustified.
Contesting a summary dismissal: what should you do immediately?
Acting quickly is crucial. We advise taking the following steps immediately:
- Make a written objection to the dismissal (as soon as possible).
- Request a written confirmation of the reason for dismissal.
- Preserve evidence, emails, text messages, and statements from colleagues.
- Report yourself available for work (if applicable).
- Seek legal advice immediately.
Please note: short deadlines apply. Responding too late can seriously weaken your position.
What are your chances when contesting a summary dismissal?
Your chances depend on the circumstances of your case. In practice, we regularly see that:
- the dismissal is annulled;
- the employment contract is reinstated;
- a fair compensation is awarded;
- back pay must still be paid.
Employers often underestimate how strictly judges assess these cases. More background on urgent reasons can be found here: summary dismissal - Dutch Government.
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:
Are you entitled to benefits?
After a summary dismissal, you usually do not receive unemployment benefits. The UWV (Employee Insurance Agency) assesses whether you are culpably unemployed. If the dismissal is annulled or found to be unjustified, this may still have consequences for your entitlements.
More information about this can be found at uwv.nl.
Is legal assistance free of charge when contesting a dismissal?
In many cases, legal assistance can be funded through:
- recovery of costs from the employer;
- a court order for legal costs;
- or additional agreements in a settlement.
We always assess your situation and chances first.
Want to contest a summary dismissal? We are happy to help
Have you been summarily dismissed and are you unsure whether it was justified? Then do not wait too long. A quick assessment significantly increases your chance of success.