Dismissal with immediate effect: what now?
13 October 2021
We are regularly asked what happens if you are fired on the spot. In short: your employment contract will be terminated with immediate effect. A drastic decision, which causes a lot of unrest and chaos. You suddenly lose your job, income and entitlement to unemployment benefits. That is why your employer may only do this under strict conditions. What are those and what is the best thing for you to do? Our experts explain.
What are the conditions for instant dismissal?
You cannot just fire an employer with immediate effect. After all, it is a very drastic decision. Legally there are three conditions that your employer must meet. Doesn't he? Then there is a good chance that the dismissal will not hold up in court. These are the three conditions:
- There must be an urgent reason for the dismissal, such as fraud, assault, theft or refusal to work.
- The employment contract must be terminated immediately.
- The urgent reason is clearly and immediately communicated.
Investigation and suspension
Sometimes an instant dismissal requires an investigation, for example to establish that you are the one who stole. This investigation must be carried out urgently. Does discharge follow after the investigation? Then this must be done immediately. In most cases you will be put on hold during the investigation: you are not allowed to work until the investigation has been completed.
Don't agree to anything and don't just sign
If you are fired on the spot, your employer may put pressure on you to agree to this in writing. Do not sign or agree to anything. In most cases you will receive a letter from your employer confirming that you have been fired. You must respond to this letter in writing. It is important that you indicate that you do not agree with your dismissal and that you are available for work. Always switch De Unie in: our experienced legal specialists can help you with your response.
Do you disagree with the instant dismissal and are you unable to resolve the matter with your employer? Then you must submit a petition to the court within two months. This gives you the opportunity to immediately challenge the dismissal. The court may then be asked to annul the dismissal or to award you compensation for the unfair termination of your contract. But beware: this period of two months cannot be extended. So don't wait too long to get legal help.
More information about instant dismissal? Check the website of the UWV and the National government. Are you faced with instant dismissal, or is your employer threatening it? Please contact our Service Center directly. We can be reached every working day from 8.00 a.m. to 18.00 p.m. via firstname.lastname@example.org and 0345 851 963.