Individual dismissal

What does employment law entail in cases of dismissal?

In Dutch employment law, dismissal regulations are strictly enforced. The Balanced Labour Market Act (WAB) determines in which situations and under what conditions an employment contract may be terminated.

Individual dismissal concerns the termination of an employment contract with a single employee. This can be initiated by either the employer or the employee. The dismissal must comply with various legal requirements. It must be demonstrated that a reasonable ground for dismissal exists, that no redeployment options are available, and that the correct dismissal procedure is followed.

Many employment contracts, however, end after the parties reach an agreement through a settlement agreement, sometimes following mediation. In such cases, the termination takes place by mutual consent, without the need for proceedings before the subdistrict court or the UWV.

Unwanted or inappropriate behaviour can also be a reason for individual dismissal, often after an investigation has established a reasonable ground for dismissal. Such behaviour may also constitute a valid urgent reason for dismissal, allowing the employer to issue a summary dismissal.

Key principles in individual dismissal include:

Presence of a reasonable ground for dismissal, such as underperformance, long-term incapacity for work, culpable conduct, or a disrupted employment relationship (workplace conflict).
Compliance with collective agreement provisions, contractual obligations, and notice periods.
Consideration of redeployment obligations and dismissal restrictions.
Presence of a valid urgent reason in the case of summary dismissal and immediate notification thereof.

Employees in the Netherlands enjoy extensive dismissal protection and may challenge an employer's request to terminate or end their employment contract.

What is our experience with employment law and individual dismissal?

Our specialised employment law solicitors have extensive experience in:

Guiding processes involving individual and collective dismissal, including summary dismissal.
Handling dismissal procedures, including submitting a petition or response to the subdistrict court, or a dismissal request or response to the UWV.
Conducting negotiations regarding settlement agreements.
Providing legal support in workplace conflicts, inappropriate behaviour, and (fraud) investigations.
Guiding mediation processes.
Advising on the Public and Top Salaries Act (WNT) and its implications for the termination of employment contracts.

When should you instruct a solicitor in dismissal cases?

Engaging a solicitor is important in the following situations:

When, as an employer, you wish to dismiss an employee and want to ensure the correct procedure is followed, whether for individual or collective dismissal.
In cases of impending dismissal or workplace conflict.
When negotiating a settlement agreement or redundancy payment.
If you have been declared redundant, are involved in a reorganisation, or are part of a UWV procedure.
In cases of (impending) summary dismissal, suspension, or inactive status.

How do we work?

Our approach is effective and strategic:

Assessment of your situation and legal options.
Tailored advice on the best approach to the dismissal process or procedure.
Negotiation and mediation between employer and employee.
Legal representation before the UWV, subdistrict court, or during mediation if necessary.

Why choose our specialists in employment law and dismissal?

Extensive knowledge of Dutch dismissal law and legislation.
Extensive experience in negotiating dismissal terms and (transition) payments.
Successful guidance for both employer and employee cases.
Years of procedural experience in legal dismissal proceedings.
Practical and solution-oriented approach for quick and effective resolution.
Expertise in mediation, improvement processes, and dismissal discussions.

If you require legal support in dismissal matters, contact our specialised employment law solicitors for expert advice!