Summinously dismissing an employee is the most severe sanction you can apply as an employer. If the employee is sick, this is even more legally sensitive. One error in assessment, timing or communication – and the dismissal will be annulled by the judge, with significant financial consequences.

In this guide, the employment law lawyers of Arslan Advocaten explain exactly when summary dismissal during illness is possible, and what risks you and how you can act carefully and legally correctly.

⭐ Can you immediately dismiss a sick employee?

Yes, that is allowed - but only if:

1. there is an urgent reason,

2. you act without delay,

3. you explain the reason immediately and completely informs you that

4. illness is not the cause of the alleged behavior,

5. you have carefully investigated what happened.

However, the threshold is much higher than for a non-sick employee.

⭐ When is summary dismissal during illness possible?

A summary dismissal is only justified in the case of very serious conduct, such as:

• theft (also during illness),

• threat, violence or serious intimidation,

• sabotage of business processes,

• serious breach of trust,

• intentional deception or fraud.

Even then, everything must still be done carefully, completely and immediately.

⭐ When is dismissal during illness NOT allowed?

In practice, things almost always go wrong when the reason is too has to do with:

1. Refusal to work that is illness-related

Only the company doctor determines whether someone is fit for work.
You should never judge for yourself whether someone is “really” ill or “acting out”.

Frequent misunderstandings:

• employee does not come to a reintegration place → possible medical cause

• employee cannot perform certain tasks → company doctor must do this assess

• employee regularly reports sick → no urgent reason

This is where most things go wrong in practice.

2. Alleged fraud surrounding illness without evidence

Examples that are NOT sufficient:

• employee is seen in a supermarket

• employee goes for a walk

• employee goes to the gym

• employee is not found at home

• employee does not answer a phone call

This proves nothing about (dis)ability for work.

3. Miscommunication or conflict during reintegration

For example:

• heated discussion,

• frustration of employee,

• disagreement about tasks,

• poor communication with manager.

This rarely leads to a legally valid summary dismissal.

4. Late action (problem with promptness)

You must act immediately.
In the event of illness, examinations often take longer, so that discharge is quickly no longer seen as immediate.

5. Incomplete or unclear reason for dismissal

The obligation to communicate is strict:

• The reason for dismissal must be complete.

• You may not adjust or expand it afterwards.

• All facts must be communicated at once.

An error here automatically means: invalid dismissal

🔍 Risks for employers in the event of unfair dismissal

Summary dismissal is a legal risk, especially during illness. If it is destroyed, this will lead to:

• continued payment of wages from the date of dismissal (often months),

• transition compensation,

• statutory interest,

• a possible fair compensation (often very high),

• reinstatement of employment,

• long legal costs,

• employment law damage to reputation.

The financial risk can amount to tens to hundreds of thousands of euros.

🟦 How do you, as an employer, assess whether dismissal is possible?

Use this checklist before you even think about dismissal:

✔ Is there an objective, urgent reason?

Not based on suspicions or emotions.

✔ Has the behavior been proven?

The burden of proof lies entirely with you.

✔ Is the behavior independent of the illness?

Any link with illness makes dismissal virtually impossible.

✔ Is the company doctor involved where necessary?

If in doubt about employability, always consult the company doctor.

✔ Is the employee heard?

A hearing and rebuttal moment is essential.

✔ Can you communicate all the facts directly and completely?

Otherwise the dismissal will lapse.

✔ Have personal circumstances been taken into account?

Such as:

• age,

• length of employment,

• medical limitations,

• psychological complaints,

• recent history of absenteeism.

🧭 Step-by-step plan for employers (safe and careful action)

Step 1 - Collect all facts

No assumptions, but concrete information.

Step 2 - Consult the company doctor if employability is relevant

You may never assess the sick report yourself.

Step 3 - Conduct an immediate internal investigation

Quick, complete and objective.

Step 4 - Hear the employee

A conversation with reporting is essential.

Step 5 - Make a well-considered decision

Weigh the risks, strength of evidence and alternatives.

Step 6 - Formulate the reason for dismissal in full

All relevant facts must be communicated at once.

Step 7 - Contact an employment lawyer immediately

Legal advice is crucial, especially in the event of illness.

🔄 Alternatives to summary dismissal

A lighter measure often prevents major risks:

• official written warning,

• pay freeze in case of violation of reintegration obligations,

• improvement or reintegration plan,

• suspension,

• inactive,

• termination by mutual consent (VSO).