Summinary dismissal is the most drastic way in which an employment contract can end. The employment contract is terminated immediately, without notice period and without permission from the UWV. Precisely because the consequences for the employee are serious, the law sets strict requirements for a legally valid summary dismissal.
In this article we explain when summary dismissal is permitted, which conditions apply and what you can do if you want to contest the dismissal.
When is summary dismissal permitted?
A summary dismissal is only legally valid if all the conditions below are met:
1. Urgent reason
There must be an urgent reason. This means that the employer cannot reasonably be expected to continue the employment contract. Examples include:
-
theft or embezzlement
-
fraud or forgery
-
abuse or serious threat
-
persistent refusal to work
-
serious insult to employer or colleagues
Whether there is an urgent reason depends on all circumstances of the case, such as the nature of the behavior, the employee's position and his or her personal circumstances.
2. Immediate dismissal
The summary dismissal must be given without delay. This means: without unnecessary delay after the employer has taken note of the urgent reason.
3. Immediate communication of the reason
The employer must communicate the reason for dismissal directly and clearly to the employee. The employee must know exactly why he is being summarily dismissed.
Investigation and inactivation
If an employer is still unsure whether there is an urgent reason, he may first conduct an investigation. Consider, for example, an internal investigation if there is a suspicion of theft or fraud.
During this investigation, the employer can dismiss the employee. This means that the employee is temporarily released from work, usually with pay. Due care requirements also apply in this phase.
Contest summary dismissal
If summary dismissal does not meet all legal conditions, it is unlawful. In that case, the employee has several options.
Annulment of dismissal
The employee can request the court to annul the summary dismissal. If this works:
-
the employment contract will continue to exist
-
the employee is entitled to continued payment of wages from the date of dismissal
Claim compensation
The employee can also choose to accept the dismissal, but claim compensation, such as:
-
compensation due to irregular termination (salary over the notice period)
-
the transition compensation
-
a fair compensation in case of seriously culpable actions of the employer
Which option is the most sensible varies per situation and requires legal customization.
Term: take action within two months
A summary dismissal must be contested within two months after the date of dismissal. Anyone who is late loses his rights. Quick legal advice is therefore essential.
Legal assistance in case of summary dismissal
A summary dismissal has major consequences for income, reputation and future prospects. Our employment law lawyers immediately assess whether the dismissal is legally valid and what steps can best be taken. The costs of our assistance are - where possible - recovered from the liable party, so that the service is free for clients.