Being dismissed on the spot is one of the most drastic measures in employment law. From one moment to the next, you lose your job, your income and often your entitlement to unemployment benefits. But is the dismissal always valid? And what can you do as an employee?
In this blog, the employment law lawyers at Arslan Advocaten explain what summary dismissal entails, what your rights are and how you can challenge it.
What is summary dismissal?
Summary dismissal means that your employer terminates your employment contract with immediate effect, without notice period. Under Dutch law, this is only permitted if there is an urgent reason (Article 7:677 of the Dutch Civil Code).
Examples of urgent reasons include:
Theft or fraud.
Gross insult or threatening behaviour towards colleagues or the employer.
Persistent refusal to perform work.
Being intoxicated or under the influence of drugs at work.
Serious violation of safety regulations.
It is important to know: not every transgression justifies summary dismissal. The circumstances must be serious enough to make continuation of the employment relationship impossible.
Requirements for a valid summary dismissal
For a summary dismissal to be valid, three strict requirements must be met:
Urgent reason — the employer must be able to demonstrate that there is a sufficiently serious reason.
Immediacy — the dismissal must follow promptly after the employer becomes aware of the reason.
Immediate notification — the reason must be communicated to the employee immediately (or without delay).
If one of these requirements is not met, the dismissal may be voidable.
What are the consequences for you as an employee?
Summary dismissal has far-reaching consequences:
Immediate loss of income: you receive no wages from the day of the dismissal.
No entitlement to unemployment benefits: UWV can refuse your application because the dismissal was "culpably" caused.
No transition payment: in the case of summary dismissal for an urgent reason, the employer is usually not required to pay a transition payment.
Reputation damage: a summary dismissal on your record can affect future applications.
What can you do after summary dismissal?
You have several options if you disagree with the dismissal:
1. Challenge the dismissal
You can file a request with the subdistrict court within two months to annul the dismissal or to claim compensation. This is a strict time limit — if you are too late, you lose your right.
2. Claim the transition payment
Even in the case of summary dismissal, you may be entitled to a transition payment if the dismissal is annulled or if serious culpability on the employer's part is established.
3. Claim compensation
If the summary dismissal is unjustified, you can claim a fair compensation in addition to the transition payment. The amount depends on the circumstances of the case.
4. Apply for unemployment benefits
If the summary dismissal is overturned or you are not culpable, you may still be entitled to unemployment benefits. It is important to register with UWV immediately.
Common mistakes by employers
In practice, we see that employers regularly make errors in summary dismissal, such as:
Acting too slowly after discovering the reason.
Not communicating the reason clearly or in writing.
Dismissing for a reason that is not sufficiently serious.
Not conducting a proper investigation before proceeding to dismissal.
Not taking the employee's personal circumstances into account.
These errors can result in the dismissal being annulled by the court.
Examples from our practice
An employee was dismissed on the spot for alleged theft. However, there was no concrete evidence. The subdistrict court annulled the dismissal and awarded compensation.
A warehouse worker was dismissed because he was found with his phone during working hours. The court ruled that this was an insufficient reason for summary dismissal and that a warning would have sufficed.
A nurse was dismissed on the spot after a dispute with her supervisor. After our lawyers intervened, the employer agreed to a settlement including full payment of the transition payment.
Checklist: dismissed on the spot — what to do?
Stay calm and do not sign anything.
Request written confirmation of the dismissal and the reason.
Note down exactly what was said and by whom.
Contact an employment lawyer within 24 hours.
Register with UWV as a jobseeker.
Collect evidence: emails, witness statements, work schedules.
Frequently asked questions
Can I be dismissed on the spot without a warning?
Yes, but only if the reason is so serious that a warning is no longer a suitable measure. In many cases, the court finds that a warning should have been given first.
Does my employer have to pay my remaining holiday allowance?
Yes. Accrued but untaken leave days and holiday allowance must always be paid out, even in the case of summary dismissal.
Can I also be dismissed on the spot during a probationary period?
During a probationary period, different rules apply. The employer can terminate the employment contract without giving reasons, but a summary dismissal with an urgent reason can also be given.
What if I have been employed for a long time?
Long service and good performance weigh heavily in the assessment. Courts often rule that a long employment relationship justifies a milder response than immediate dismissal.
Why Arslan Advocaten?
At Arslan Advocaten, we specialise in employment law and have extensive experience with summary dismissal cases. We know the pitfalls, we know how courts assess these cases and we fight for the best possible outcome for you.
Whether it concerns annulling the dismissal, claiming compensation or negotiating a favourable settlement — we are there for you.