What to do after instant dismissal?

A summary dismissal terminates an employment contract with immediate effect. On this page, we will explain the requirements for summary dismissal and what should happen after the dismissal.

Instant dismissal

What are the requirements for dismissal?

The summary dismissal has drastic consequences and must therefore meet strict requirements. There is the double requirement of promptness and there must be an urgent reason for the dismissal. These requirements apply to the employer who gives the dismissal, but also when an employee is summarily dismissed. The reason for the dismissal is called the urgent reason, more on this later. First, a brief explanation of the promptness requirements.

Immediate dismissal

The dismissal should be given as soon as possible after the reason for dismissal has arisen. It follows from case law that the necessary care must be taken if there are only suspicions. Some time may be taken to investigate these suspicions and to obtain advice. However, due urgency must be exercised. As soon as the person authorised to dismiss has sufficient evidence of the urgent reason, dismissal should take place at the earliest possible moment.

Immediate notification

The reason for dismissal must be communicated at the same time or as soon as possible after dismissal. It should be immediately clear from this statement which characteristics or behaviour are the reason for the termination of employment. This communication lays down for the future what the dismissal is about and cannot later be supplemented with additional reasons for dismissal.

Urgent reason

What can be considered an urgent reason for instant dismissal is (not exhaustively) listed in Sections 7:678 (for employers) and 7:679 (for employees) of the Civil Code. In addition, it follows from established case law of the Supreme Court that in order to assess whether dismissal is an urgent reason, the circumstances of the case must be seen in connection and interrelationship with each other. This includes the personal circumstances of the employee and the consequences of the dismissal.

In many cases, summary dismissal follows when there is a situation where it is clear that something has gone seriously wrong. Examples are fraud, theft or unlawful competition with the employer. Behaviour towards colleagues can also lead to immediate dismissal if it is transgressive.

Bagatel cases

Sometimes there are cases in the news where the dismissal is not obvious, but the judge upholds the dismissal. Some of these cases are known as "trivialities". In these cases, it is a matter of an apparently minor violation, which may nevertheless be an urgent reason for dismissal.

For example, employees have been fired for pouring water from a leftover bottle into a personal dopper, using a free test pack of body lotion or taking a pack of Optimel that was expired.

Triviality cases often involve employers who have a zero-tolerance policy and an employee who violates it. The courts take a heavy toll on employees if it was already known that a breach of the policy would result in instant dismissal. However, the policy must have a clear and recognisable purpose and must actually be applied.

Of course, there are also cases in which dismissal was unjustified, but often the damage has already been done. See for example: taking a plastic bag to Action, wrongfully applying a staff discount of € 1.69 or tasting food from a stainless steel container to test whether it was chicken or fish.

Immediate dismissal by the employee

It is less common, but employees can also be summarily dismissed. Case law shows that this mainly happens in situations where employees feel they have been treated unfairly or no longer feel safe in the workplace. Unfortunately, bullying and intimidation are frequent reasons for an employee to resign. But also for employees, all the circumstances of the situation must be considered. For example, the way in which the employer treated the employee's horse was decisive in a case brought by the Midden-Nederland District Court.

What after a dismissal?

After the dismissal, an expiry period of two months starts to submit a request related to the dismissal to the court. After this period, the judge will not consider the request.

Within this period, the employee must submit a request to contest the dismissal. In principle, the employee has the choice between undoing the dismissal and claiming compensation for the unfair dismissal.

The employer may also submit a request for compensation. This is a fixed compensation equal to the wages that the employee would have received during a normal notice period. This can amount to several months' wages.

Experience shows that after summary dismissal, the employee is not eligible for unemployment benefit from the UWV either. In some cases, it is possible to receive an advance payment if the employee contests the dismissal in court. Because of this precarious situation, employees are sometimes forced to litigate against the instant dismissal.

Whichever side of the table you sit on, it is wise to be assisted when you are confronted with summary dismissal. Our specialists have extensive experience in advising and litigating in cases of instant dismissal.