Illness and work: it's a combination that can present challenges, both for you and for your employer. But what if you're ill and your employer wants to dismiss you? This isn't just a simple matter. In this blog, we'll guide you through the rules surrounding dismissal due to illness, what happens after prolonged sickness, and how you can defend yourself against unlawful dismissal.
The rules for dismissal during illness
The law is clear: an employer cannot dismiss you during the first 104 weeks of your incapacity for work. This is known as the prohibition of dismissal during sickness. This means that your employer is obliged to work with you on reintegration during this period. Here are some important points:
- Duration of the prohibition of termination: The prohibition on dismissal generally applies for a maximum of 104 weeks. During this period, your employer must continue to pay your wages and attempt to get you (partially) back to work. However, if it appears that your employer has not done enough to reintegrate you, the UWV can impose a wage sanction. This means that the employer's obligation to continue wage payments will be extended by a maximum of one year.
- Exceptions: For example, dismissal is possible if your employer goes bankrupt or if you yourself agree to the termination of the contract. Dismissal can also become an option if you do not cooperate with reintegration.
Please note: do not automatically agree to the termination of your employment contract during incapacity for work. This could have adverse consequences for your entitlement to benefits.
Want to know more about your rights when you are sick? The Central Government provides a clear explanation of employment law rules during illness.
After 2 years of illness: dismissal?
After 104 weeks of incapacity for work, the prohibition on dismissal ends. This means your employer can terminate the employment, provided certain conditions are met:
- Termination of employment: Your employer can apply for dismissal with the UWV. If it is clear that you can no longer be reintegrated into your own, adjusted, or another position within a reasonable timeframe, dismissal can be approved. In this procedure, you can defend yourself against the dismissal.
- In addition, the employer can offer a settlement agreement where you and your employer make arrangements about the end of the employment. Always have a settlement agreement checked by our legal experts before you agree to it.
- It is also possible that you will continue to work for the employer part-time. In that case, please always contact us to discuss those possibilities and any arrangements made.
It is therefore crucial that both you and your employer actively continue to work on your recovery and reintegration.
How do you defend yourself against dismissal due to illness?
If you feel your dismissal during sick leave is wrongful, you can take steps to protect your rights. Here are some tips:
- Check the dismissal reasons: Ask in writing for the exact reason for dismissal. Does your employer have a valid reason and is it well substantiated? If not, that could be grounds for you to contest it.
- Seek legal assistance Please contact a legal adviser, such as the specialists at De Unie. They can assess the situation and help you draw up a plan of action tailored to your circumstances.
- UWV or sub-district court procedure: In many cases, your employer must obtain permission from the UWV or the sub-district court for dismissal. You can file a defence in these procedures.
- Just don't agree to a Settlement agreement. Always have these checked.
For legal assistance, you can contact organisations such as De Unie, which specialise in employment law matters.
Practical tips to strengthen your position
- Keep a record: Make a note of everything related to your illness and reintegration, such as conversations with your employer and company doctor.
- Consult a solicitor or trade union: If you have doubts about your employer's approach, a legal expert can advise you.
- Contribute to reintegration: Refusal to cooperate can be seen as blameworthy conduct, which may weaken your position.
De Unie is here to help
If you’re made redundant due to illness, there’s a lot to deal with. De Unie is happy to help with personalised advice and legal support. Our experts are on hand to guide you through any disputes or redundancy proceedings.
Do you have questions or want to know more about your rights when you are ill? Contact our Service Centre on weekdays between 8:30 AM and 5:00 PM on 0345 851 963 or send an email to sc@unie.nl.
