Summary dismissal – what are your rights as an employee?
- What is summary dismissal?
- When may the employer do this?
- First aid: what you should do immediately
- Should you sign? And what if you already have?
- Suspension: what now?
- Summary dismissal during pregnancy
- Rights of temporary workers
- Are you entitled to unemployment benefits?
- Settlement agreement (VSO): what to watch for
- Checklist (printable)
- Common mistakes
- Practical example
- Need immediate help?
What is summary dismissal?
With summary dismissal, your employment contract ends immediately. You no longer need to work and the employer stops paying your wages. It is a severe measure and is only permitted if there is an urgent reason (such as theft, fraud or serious misconduct) and that reason has been immediately communicated to you.
What are urgent reasons?
The law lists several examples of urgent reasons that may justify summary dismissal. These include:
- Deception;
- Proving to be seriously incompetent for the agreed work;
- Drunkenness or drug use at work. (Note: addiction may sometimes be considered an illness, meaning an urgent reason is not always accepted);
- Theft, embezzlement, fraud or other criminal offences;
- Assault, gross insult or serious threats towards the employer, their family, household members or colleagues;
- Attempts to persuade the employer or others to act contrary to the law or public morals;
- Intentionally or recklessly damaging property, despite warnings;
- Endangering oneself or others through intentional or reckless behaviour, despite warnings;
- Breaching confidentiality obligations by disclosing confidential information.
These are always situations in which the employer cannot reasonably be expected to continue the employment relationship.
What are the consequences for the employee upon dismissal for an urgent reason?
If you are summarily dismissed for an urgent reason, this has significant consequences for you as an employee. You are immediately out on the street without any influence over the situation, which is often dramatic. What exactly are the consequences if you are dismissed for theft, fraud or serious misconduct?
Main consequences at a glance:
- Immediate end of employment: You do not need to return — the contract ends immediately.
- No notice period: Your employer does not need to observe a notice period, so there is no last working day or wind-down period.
- No right to unemployment benefits: In most cases, the right to unemployment benefits lapses because the UWV takes a strict view of culpable behaviour.
- No transition payment: Usually you do not receive a transition payment, unless the misconduct was not serious enough. For example, an employee who made a relatively minor mistake after many years of service may still be entitled to (part of) the payment.
- Written consent not required: Your employer does not need to ask for your written agreement first; the measure is simply imposed.
Note: only if it truly concerns "seriously culpable conduct" do you lose all rights. If it involves a minor misstep and you can explain it well, there are situations in which the UWV or court still makes an exception. Is this your situation? Contact us quickly for advice on your options.
When may the employer do this?
- There must be an urgent reason that can be proven;
- The dismissal must be given without delay (immediately) after the incident;
- The reason must be immediately communicated to you (preferably in writing).
Can other situations also qualify as an urgent reason?
Yes, they can. The law provides several examples of what constitutes an urgent reason, such as theft or fraud. But note: this list is not exhaustive. Other serious situations not explicitly mentioned in the law can also be considered by a court as an urgent reason for summary dismissal. So if your employer has cited a different reason, depending on its severity, it may still qualify as "urgent". It always depends on the circumstances of the case.
Are you unsure whether the reason is truly "urgent" or well-substantiated? Have it legally reviewed. It is often difficult to assess on your own whether the situation actually qualifies as an urgent reason. A mistake in summary dismissal can have major financial and legal consequences. Therefore, always contact an employment law specialist before taking further steps. This prevents unnecessary risks and strengthens your legal position.
Sometimes a settlement agreement (VSO) is still better for your unemployment benefits rights.
First aid: what you should do immediately
- Protest immediately (in writing) that you disagree with the dismissal;
- Do not sign anything without legal advice;
- Preserve evidence: emails, messages, camera footage, witnesses;
- Deadline: you have 2 months to ask the court to annul the dismissal or to request compensation;
- Contact us immediately via our contact page for an assessment of your position.
Should you sign? And what if you already have?
Are you being presented with something to sign (statement, agreement or VSO)? Do not sign without careful consideration. You may unintentionally waive rights, risking your unemployment benefits. Always ask for a copy, take your time and have it reviewed.
Already signed? Taking action can still be worthwhile. Sometimes you can invoke error within a short period or indicate that you were insufficiently informed. Contact us immediately; time is crucial.
Suspension: what now?
Been suspended? That is not a dismissal, but you are at home. Do this:
- Request written confirmation stating the reason and duration;
- Check whether your salary continues to be paid;
- Seek advice from an employment lawyer; preserve all communication;
- If necessary, object to the suspension.
Summary dismissal during pregnancy
Pregnancy does not provide absolute immunity for seriously culpable behaviour. However: if the dismissal is (partly) related to your pregnancy, this may constitute discrimination and therefore be invalid. In doubt? Let us review this immediately.
Related topic: dismissal during illness (protection and exceptions).
Rights of temporary workers
With temporary agency work, phases and other rules apply. In early phases, the assignment can be terminated, but that is not automatically summary dismissal. Check your phase, contract and applicable collective labour agreement. Consult us if in doubt; we assess your rights and your chances for unemployment benefits.
When are you entitled to unemployment benefits?
After summary dismissal, the UWV often rejects unemployment benefits due to "culpable unemployment". However, there are exceptions:
- The court declares the dismissal invalid or not urgent enough;
- You reach a neutral settlement agreement with correct wording (important for unemployment benefits);
- The reason cannot be proven or is based on a misunderstanding.
If facing dismissal, consider a settlement agreement. Be aware of your right to a transition payment if the dismissal does not hold.
Chance of transition payment upon summary dismissal
It may sound surprising, but even after summary dismissal you may in some cases retain your right to a transition payment. This right only lapses when there is seriously culpable conduct by the employee. Summary dismissal often involves culpable behaviour, but not always seriously culpable behaviour. Consider, for example, a relatively minor misstep in an otherwise flawless and long-term employment. In such a case, the dismissal may be "urgent" without you losing your right to a transition payment.
Therefore, always review the circumstances and seek advice about your position.
Settlement agreement (VSO): what to watch for
A VSO is a written agreement to part ways "amicably". Pay attention to:
- Neutral reason (no culpable wording regarding unemployment benefits);
- End date with or without exemption from work;
- Transition payment and other compensation;
- Reference letter & non-solicitation clause;
- Final discharge (no surprises afterwards).
Read our comprehensive guide: settlement agreement upon dismissal.
Checklist (printable)
- Request a written reason immediately;
- Do not sign anything without advice;
- Note the 2-month deadline for court proceedings;
- Check your right to a transition payment (if the dismissal does not hold);
- Protest immediately and preserve all communication;
- Seek help via the contact page.
Common mistakes
- Thinking that summary dismissal is always legally valid;
- Not going to court within 2 months;
- Blindly signing statements or a VSO;
- Applying for unemployment benefits without a legal check;
- Not collecting evidence or protesting too late.
Practical example
An employee was summarily dismissed after a cash register discrepancy. The employer could not demonstrate that the employee was personally culpable. We protested immediately, requested annulment from the court and simultaneously negotiated a settlement agreement. Result: back payment of wages, neutral termination with compensation and retention of unemployment benefits.
Need immediate help?
Are you unsure about the reason or being told you must "sign something now"? Contact Arslan Advocaten immediately. We assess your case the same day and determine the best course of action (annulment, compensation or settlement agreement) – in clear language and with attention to your income and unemployment benefits.
Related topics: transition payment · dismissal during illness · settlement agreement upon dismissal