Summary dismissal is the most drastic way in which an employment contract can end. The employment contract is terminated immediately, without a notice period and without permission from the UWV. Precisely because the consequences for the employee are significant, the law sets strict requirements for a 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 challenge the dismissal.
When is summary dismissal permitted?
Summary dismissal is only legally valid if all of the following conditions are fulfilled:
1. Urgent cause
There must be an urgent cause. This means that it cannot reasonably be required of the employer to allow the employment contract to continue. Examples include:
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theft or embezzlement
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fraud or forgery
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assault or serious threat
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persistent refusal to work
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serious insult to the employer or colleagues
Whether there is an urgent reason depends on all the circumstances of the case, such as the nature of the behavior, the employee’s position, and their personal circumstances.
2. Immediate dismissal
The summary dismissal must immediately be given. That means: without unnecessary delay after the employer has become aware of the urgent reason.
3. Immediate notification 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 suspension
If an employer still doubts whether there is an urgent reason, they may first conduct an investigation. For example, consider an internal investigation in the event of suspected theft or fraud.
During this investigation, the employer may suspend the employee. That means that the employee is temporarily relieved of work, usually with continued pay. Due care requirements also apply in this phase.
Contesting summary dismissal
If the summary dismissal does not meet all legal requirements, then it is unlawful.
In that case, the employee has several options.
Annulment of the dismissalThe employee can ask the court to annul the summary dismissal
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. If this succeeds:
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the employment contract remains in force
the employee is entitled to continued salary payment from the dismissal date
Claiming compensationThe employee can also choose to accept the dismissal, but to claim compensation
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, such as:compensation for irregular termination
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(wages for the notice period)the
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transition paymenta fair compensation
in the event of seriously culpable conduct by the employer
Which option is most sensible depends on the situation and requires tailored legal advice.
Time limit: take action within two monthsA summary dismissal must within two months
after the dismissal date be challenged. Those who are too late lose their rights. Quick legal advice is therefore essential.
Legal assistance in cases of summary dismissal