Instant dismissal: when is it allowed?

Instant dismissal means that your employer fires you immediately and your employment contract also ends immediately. There is no notice period. You have to stop working immediately and your salary is also stopped immediately. It is the toughest sanction in Dutch labour law.

This type of dismissal is not allowed just like that and a pressing reason are: a situation so serious that your employer cannot be expected to continue employing you.

Think, for example, of theft, fraud or violence in the workplace.

In a regular dismissal, your employer must:

• Request permission from UWV or the court first
• Respect the notice period (usually 1-4 months)
• A valid ground for dismissal have from the law
• Seeing if redeployment is possible

In the case of summary dismissal, all these protections lapse. This is why the law has very strict requirements for summary dismissal.

For a legally valid instant dismissal, the following must be met three hard conditions be met:

The law mentions in article 7:678 BW examples such as:

• Theft or embezzlement
• Assault or gross insult
• Work refusal without good reason
• Serious dereliction of duty
• Endangering colleagues

But take note: what a pressing reason is, depends on all the circumstances. The judge looks at:

• Your role and responsibilities
• How long you have been employed
• Your age and job opportunities
• Whether you have had previous warnings
• The severity of the impact on you and your private life

Your employer should direct action as soon as the urgent reason is known. "Without delay" does not necessarily mean the same day, but as soon as possible. Your employer may take time for:

• Researching the facts
• Seeking legal advice
• An interview with you (adversarial)

If your employer waits too long (say a week without a good reason), the dismissal is invalid.

Your employer must give you immediately tell us why you are fired. This does not have to be in writing, but it is wise to do so for proof. The reason should be so clear that you immediately know what it is about.

A vague "you know why" is not enough. Your employer should also not add new reasons later.

Analysis of hundreds of court cases shows that these are the most common reasons:

Even minor thefts can lead to dismissal. Judges accepted dismissals for stealing:

• A bag of crisps (Action employee)
• A pack of biscuits (cleaning lady)
• A turbo hose (garage employee)

Structural lateness after warnings. One-off tardiness is NEVER enough.

Refusing to carry out reasonable orders without a valid reason.

Physical violence or serious threats. A hard slap on the arm from your boss? The courts will accept that as an urgent reason.

Being under the influence while working. Especially in safety-sensitive or related jobs, this is grounds for summary dismissal.

Failure to show up without notice or valid reason.

Serious insults, discrimination or sexist remarks.

Sharing trade secrets with competitors.

Negative posts about your employer that damage reputation.

Case law shows that judges highly critical are. Some notable statements from 2024:

An employee of a funeral home was dismissed after a mix-up. The judge ruled: no pressing reason because:

• It was a human error
• There was no intent
• The employee had performed well for 15 years

Two colleagues fought on Monday. Only on Friday did dismissal follow. Judge: too late, not immediate. The incident was too serious to wait four days.

An employee was accused of financial mismanagement. Because the employer had not offered a course of improvement and the evidence was meagre, the court ruled the dismissal unjustified.

The financial consequences of a justified summary dismissal are huge:

• No unemployment benefit
  In the case of culpable dismissal, you have no right to WW. The UWV will reject your application. Your only option may be assistance from your municipality.
• No transitional compensation
  Normally, you are entitled to a transition allowance. Upon summary dismissal, this right expires.

You have to pay your employer compensation equal to your gross salary over the notice period. With a monthly salary of €3,000 and 2 months' notice, you will pay €6,000!

Do you think the dismissal is unjustified? Then follow these steps:

• Question in writing for the exact reason
• Collect all your documents (contract, correspondence, alerts)
• Make notes of what happened
• Find witnesses who can corroborate your story