“There is a lot to consider when it comes to dismissal. In addition to knowledge of the legal details and pitfalls, it is important to keep an overview and an eye on the interests that play a role on both sides. Advice from an experienced employment lawyer is invaluable”
There is a lot to consider when it comes to dismissal. If an employer decides to dismiss an employee, the employer must demonstrate that there are reasonable grounds for dismissal. Sometimes even an urgent reason for dismissal – namely in the event of a summary dismissal.
In addition, the options for reassignment of the employee, the applicable notice periods and the question whether the employee is entitled to severance pay (transition payment) in the event of dismissal must also be taken into account. Dismissal cases regularly lead to legal proceedings before the subdistrict court.
An employment contract can be terminated in various ways. In most cases, the employer and employee agree jointly (often after negotiations) to end the employment relationship with mutual consent. A settlement agreement is then concluded. If this is not an option, an employer can start a dismissal procedure at the UWV or the subdistrict court. In some cases, for example in the case of summary dismissal, the employee must initiate legal proceedings himself to challenge the dismissal.
Termination in practice
Is there a valid reason for dismissal? Can an employer negotiate a termination arrangement with the employee and how best to approach this? Is an employee entitled to a transition payment in the event of dismissal? And what should an employee pay attention to when concluding a termination arrangement?
On the basis of cases in which we advised, you can see exactly how our firm can be of service.
