Disturbed employment relationship and dismissal: what's the situation? (2025)

The short answer is: yes. The term disturbed employment relationship does indeed have legal consequences and can lead to the so-called “g-ground”.

This is 1 of the legal soils for dismissal. However, note: an employer cannot simply rely on a disturbed employment relationship to proceed with dismissal. There is a difference between an employment conflict and a disturbed employment relationship.

In the case of an employment dispute, there is still a possibility for improvement, for example, with the help of a mediator. Possible ways to resolve an employment dispute include, for example:

• Having open conversations with your employer so that the situation improves
• Mediation by an independent mediator
• Adjustments to work or adjustments within the organisation
• Coaching training

In the case of a disturbed employment relationship, the situation has escalated to such an extent that recovery in the workplace is no longer considered possible. Dismissal is still seen as the only solution.

Common causes that our legal professionals hear daily about a disturbed working relationship are:

• Disagreeing about how the work should be carried out
• Clashing characters between employer and employee
• A conflict has arisen and one or both parties are unwilling to resolve it.
• There is no longer trust on the shop floor due to something that happened.
• Significant discussions have arisen over sensitive topics, such as politics or certain beliefs.
• There has been bullying or harassment
• There are conflicts between certain colleagues, with one of the team members having indicated that they no longer wish to work with another colleague.

So there is a difference between an employment dispute and a disturbed working relationship. But when is there legally speaking a disturbed working relationship?

The employer must be able to demonstrate a number of things here:

• That efforts have been made to restore [the situation] and that these efforts have been reasonably undertaken. That is to say: in the attempts, due consideration was given to how the situation could be improved, and a reasonable decision was made to proceed with the restoration attempt.
• The situation has become completely unworkable for everyone involved within the organisation.
• The conflict has demonstrably negative consequences for the organisation.
• Relocation within the company is not possible. The conflict is too significant and would still cause problems elsewhere in the organisation.

We have noticed that the Judiciary is becoming increasingly strict and critical towards employers who have contributed to the escalation of conflicts themselves. The judge then increasingly speaks of an insufficient basis, for example in this court ruling.

There are strict conditions for your employer when it comes to the resign from you as an employee in a disrupted employment relationship. For example, the employer must be able to demonstrate:

• How the disrupted working relationship came about. What exactly was the cause?
• That the labour dispute or disputes are not related to the organisation's own actions. In other words: the organisation itself has not acted culpably.
• The relationship between us has been irrevocably damaged, and there is no longer any prospect of recovery.
• The situation leads to an unworkable situation for the organisation. Your employer must be able to clearly explain what exactly this unworkable situation entails.
• All possible options for recovery have been exhausted; there are no further alternative possibilities for restoring the employment relationship.

When your employer is creating a situation that leads to a breakdown in the employment relationship, it is important to take a number of steps and to remain calm. We recommend that you:

1. Stay calmEmotional reactions can make the situation even more difficult.
2. Please clarifyAsk your employer to explain in writing or by email why they believe the working relationship has broken down.
3. Document everythingReport on the conversations you have, ensuring that you forward emails received at your work email address to your personal email address. Make sure all communication is documented.
4. Seek legal assistanceOur employment lawyers will think along with you completely free of charge and without obligation. Based on our years of legal expertise, we have handled many dismissal cases and know exactly how you can best approach your situation.
5. Make sure you know what you are entitled to: the process of managing an employer often ends in a strained employment relationship in a settlement agreement. In this, both parties make agreements about the dismissal. Make sure you know what you are entitled to. Our lawyers also help with determining your severance pay English transition allowance. Calculate easily using our calculator what you would be entitled to upon dismissal.

It is important to collect the following documentation:

1. All emails sent between you and your employer
2. Keep notes of conversations you have or incidents that occur in the workplace. Please note: in the context of your dismissal, it is not prohibited to also make audio recordings during conversations with your employer.
3. Make sure you retrieve your employment contract and email it to your personal address. It would also be useful to have your job description.
4. Collect performance review feedback.
5. Gather complaints or reports made about you or that you have made about your employer.
6. In some cases, it is also useful to ask colleagues for explanations about situations that have occurred.

A strained working relationship can cause you, as an employee, enormous stress. For instance, you'll keep thinking about the situation, and this will affect both your physical and mental health.

Before you report sick, it is important to know that there must be actual complaints that prevent you from doing your work.

Please consider these symptoms:

• Stress-related complaintsThink of overexertion or symptoms of burnout.
• Anxiety disorderThink of immense panic about still having to go to work, which can lead to panic attacks. Or social anxiety about still having to face people from work.
• Depressive symptomsfeeling long-lasting sadness, losing the energy to do anything.
• Physical symptoms: This includes persistent headaches, stomach problems or sleep disturbances.

It is important to discuss your situation and symptoms with an occupational health physician at an early stage. It is then the occupational health physician's job to assess whether the symptoms are related to emotions or if you are indeed no longer able to perform your role within the organisation.

In short, the occupational physician determines whether the incapacity for work has become a direct consequence of the disrupted working relationship in the workplace.