Have you been summarily dismissed and do you feel this was unjustified? That feeling is correct more often than you think. Employers may only summarily dismiss an employee in exceptional situations. In practice, this severe measure is regularly applied unjustly.
In this article, we explain when a summary dismissal is unjustified, what you can do, and what rights you have.
For general information about dismissal, you can also consult our page on employment law.
When is a summary dismissal unjustified?
A summary dismissal is only legally valid if strict legal requirements are met. If one of these requirements is missing, the dismissal is unjustified.
Summary dismissal is unjustified when:
- there is no urgent reason;
- the employer waited too long before dismissing;
- the reason was not clearly communicated;
- the dismissal is disproportionate;
- comparable cases were treated differently.
What is an urgent reason?
An urgent reason is a serious act of conduct that reasonably prevents the employer from continuing the employment contract. Not every mistake or violation meets this standard.
More explanation about this can be found here: summary dismissal - Dutch Government.
Common situations where dismissal is unjustified
In practice, we regularly see that summary dismissal is unjustified in cases of:
- a one-time mistake or error;
- emotional expressions without violence;
- minor refusal to work without a prior warning;
- alleged theft without evidence;
- private behavior outside working hours.
Also when the employer was already aware of the behavior for a longer period but only dismissed later, the dismissal may be invalid.
What can you do in case of an unjustified summary dismissal?
Act quickly. These are the most important steps:
- Submit a written objection to the dismissal as soon as possible.
- Request a written justification of the reason for dismissal.
- Preserve evidence (emails, text messages, witness statements).
- Report yourself available for work.
- Engage legal assistance immediately.
Read more about this in our main article: contesting summary dismissal.
What can you receive if the dismissal is unjustified?
If the court rules that the summary dismissal was unjustified, various consequences may follow:
- annulment of the dismissal;
- reinstatement of the employment contract;
- payment of back wages;
- a fair compensation;
- reimbursement of legal costs.
Consequences for your benefits
After a summary dismissal, unemployment benefits are often not granted. The UWV (Employee Insurance Agency) assesses whether there is culpable unemployment.
If the dismissal is declared unjustified, this may have consequences for your entitlement to benefits. More information can be found at uwv.nl.
Is legal assistance free of charge?
In many cases, the costs of legal assistance can be recovered from the employer or through a court order for legal costs. This means that legal assistance is often free of net cost.
Unjustified summary dismissal? Have your case assessed
Are you unsure whether your summary dismissal was justified? Then do not wait too long. A quick legal assessment significantly increases your chances.