Have you been summarily dismissed and are you wondering whether you are entitled to unemployment benefits (WW)? Many people are told after summary dismissal that they will not receive benefits due to culpable unemployment. Yet that is far from always justified.
In this article we clearly explain how summary dismissal and unemployment benefits work, when you are entitled to benefits, and what you can do if they are refused.
For general information about dismissal, you can also consult our page on employment law.
Are you entitled to unemployment benefits after summary dismissal?
After summary dismissal, unemployment benefits are not automatically granted. The UWV assesses whether there is culpable unemployment.
If the UWV rules that you are to blame for the dismissal, unemployment benefits may be refused in whole or in part.
What is culpable unemployment?
Culpable unemployment exists when the dismissal is the result of conduct that you could and should have prevented. Employers and the UWV often assume this quickly, but that does not mean it is legally correct.
More information about the assessment of unemployment benefits can be found here:
uwv.nl – Unemployment benefits (WW)
When are you still entitled to unemployment benefits?
You may still be entitled to unemployment benefits when:
- the summary dismissal was wrongful;
- there is no urgent cause;
- the employer waited too long to dismiss;
- the dismissal was disproportionate;
- you successfully contest the dismissal.
In that case, the UWV may rule that there is no culpable unemployment.
Should you contest the summary dismissal?
Yes, in many cases this is crucial. If you do not contest the dismissal, the UWV often assumes its validity.
Also read our in-depth articles:
Applying for unemployment benefits after summary dismissal
Even after summary dismissal, it is important to apply for unemployment benefits in time, even if you expect them to be refused. This way you avoid problems with deadlines.
The UWV assesses the application independently, separate from the civil proceedings against the employer.
What does the government say?
The legal rules on dismissal and benefits are explained by the government at:
Consequences if the dismissal proves wrongful
If the summary dismissal proves wrongful, this can have major consequences:
- reinstatement of the employment contract;
- payment of back wages;
- awarding of fair compensation;
- reassessment of your right to unemployment benefits.
Summary dismissal and unemployment benefits? Have it assessed
A summary dismissal has major financial consequences. A swift legal assessment can make the difference between no income and restoration of your rights.