When you are ill, you expect rest, recovery and guidance. Not that you will be summarily fired from one day to the next. Yet this happens regularly: an employer resorts to the most severe means available under the law during illness.
But is that allowed? And what can you do if this happens to you?
In this comprehensive guide, the employment lawyers of Arslan Advocaten explain your rights, what mistakes employers often make and how you can successfully challenge the dismissal.
Can an employer summary dismissal during illness?
Yes, that is allowed – but only under very strict conditions.
Illness does not protect against summary dismissal, but In practice, it appears that dismissals during illness are almost always unjustified, because employers make mistakes in: the investigation, the assessment of your medical situation, the timing, the evidence, or the communication of the reason for dismissal. That is why these matters are often excellent for employees. fighting.
⭐ When is summary dismissal during illness NOT valid?
Many dismissals during illness fail for these reasons:
1. Refusal to work is misinterpreted
If you are ill or have limited availability, you may:
not be able to perform your normal duties,
refuse certain tasks because they are not medically justified,
need rest,
not be able to reintegrate as the employer wants.
➡ Only the company doctor determines whether you can work, not the employer.
Many employers are too quick to assume that you "refuse". That is legally incorrect.
2. There is insufficient evidence for an urgent reason
For summary dismissal, the employer must have a solid, proven reason.
Examples of insufficient reasons:
you were spotted in a supermarket while you were ill,
you were seen during a short walk,
you went to the physiotherapist or gym,
you did not answer immediately when your employer called,
you missed an appointment for the absenteeism process.
These are not urgent reasons for immediate dismissal.
3. Emotional argument during a conversation
Emotions are often high during illness. A heated argument or frustration – no matter how unwanted – is almost never a valid reason for summary dismissal.
4. The employer acted too late
An employer must act without delay.
If there are hours or days between the incident and the dismissal, the dismissal may be invalid.
During illness the investigation often takes longer – which makes the dismissal even more vulnerable.
5. The reason has not been communicated clearly or incompletely
The employer must communicate the reason for dismissal:
immediately,
completely,
clearly,
and in one go.
Does the employer not do this? Then the dismissal is invalid.
⭐ When is summary dismissal during illness valid?
Exceptional cases:
violence or threats,
serious assault, theft, fraud, sabotage. But even then the employer must still follow all legal requirements. In practice things often go wrong. large:
you immediately no longer receive any wages,
you are not entitled to unemployment benefits,
you are often not entitled to transition compensation,
you may be faced with the reclamation of continued payment of wages,
the dismissal remains in your file,
your position on the labor market is affected.
But: only if the dismissal is justified.
If the dismissal turns out to be unjustified, everything turns around.
🟩 What can you do if you have been summarily dismissed during illness?
You have three legal options:
1. Request annulment of the dismissal (job back)
You ask the subdistrict court to declare the dismissal invalid.
If you are right receives:your employment contract continues,
your employer must pay your wages,
including holiday pay and statutory interest.
2. Demanding fair compensation
If you do not want to return or the atmosphere is irreparable, you can demand a Fair compensation. This can be significant, especially if the employer has acted in a seriously culpable manner.
3. Negotiating a termination with benefits (VSO)
Often the most practical:
you retain the right to unemployment benefits,
you receive compensation,
the summary dismissal is withdrawn,
you are not considered to be at fault.
At Arslan Lawyers we sometimes arrange this within 24–48 hours.
⏳ Important: you only have 2 months
The legal period for contesting summary dismissal is:
👉 2 months from the date of discharge.
Are you waiting too long? Then the dismissal remains final, even if it is unjustified.
🧭 Step-by-step plan for employees (implement immediately)
Step 1 - Contact an employment lawyer immediately
During illness, your evidentiary position is vulnerable. Do not respond yourself.
Step 2 - Ask for a written resignation letter
You are always entitled to written confirmation.
Step 3 - Collect evidence
Consider:
advice from the company doctor,
agreements in the absenteeism process,
e-mails, apps, staff portal,
your medical limitations (without diagnosis),
messages about your reintegration.
Step 4 - Do not respond substantively to accusations
No defense by email.
Everything can be used against you later.Step 5 - Discuss your strategy
We advise you whether:
recovery,
compensation,
or negotiation (VSO)
yields the best result.
🟦 Common examples from practice
Employer suspects employee of “simulating illness” → subsequently unfounded
Employee goes shopping → not in conflict with medical restrictions
Reintegration is slow → no urgent reason
Miscommunication about working hours → no urgent reason
Error during sick reporting → administrative, no grounds for dismissal
In all these cases, summary dismissal has been declared invalid or withdrawn.
Conclusion
Summary dismissal during illness is legally possible, but in practice it is almost always wrongly given. Employers make many mistakes, which gives employees strong opportunities to:
get their wages back,
reverse the dismissal,
receive compensation,
or leave through a negotiated settlement while retaining unemployment benefits.
Therefore, always seek immediate assistance.
Do you want advice or assistance? Contact us today