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Dismissal with immediate effect: what now?

We are regularly asked what happens if you are fired on the spot. In short: your employment contract will be terminated immediately. A radical decision that causes a lot of unrest and chaos. You suddenly lose your work, income and the right to unemployment benefits. That is why your employer may only do this under strict conditions. What those are, what you can best do and whether corona has anything to do with immediate dismissal? 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.

Corona and instant dismissal

These conditions always apply, even during the corona crisis. Acute and major financial concerns from your employer are no reason for immediate dismissal. At most, he may submit an application for dismissal for business reasons: the UWV must give permission to terminate the employment contract. With this type of dismissal, you are entitled to a transition payment and unemployment benefit.

Do you not feel safe in the workplace and therefore refuse to come to work? Then be careful, because your employer may interpret this as a refusal to work and use it as a reason to dismiss you with immediate effect. Make it clear in all your communication that you are available for work. Is your employer going to dismiss it after all? Then you can read below what you can do best.

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.

Do not agree or sign anything

If you are fired on the spot, your employer may put you under pressure 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 on the spot. 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.

Challenge dismissal

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

More information about instant dismissal? Check the website of the UWV en the national government. Will you be faced with instant dismissal, or is your employer threatening to do so? Please contact our Service Center immediately. We are available every working day from 8.00:18.00 am to XNUMX:XNUMX pm via sc@unie.nl and 0345 851 963.

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