“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.

When it comes to termination, we help with:

  • determining whether there is a legally valid ground for dismissal

  • making a clear and concrete step-by-step plan to come to a dismissal
  • drafting or assessing settlement agreements
  • negotiating termination arrangements
  • assisting employers or employees in mediation processes
  • litigating dismissal, for example by starting a dismissal procedure or by challenging a given dismissal before the subdistrict court
  • advising on processes aimed at individual or collective dismissal, for example when drawing up a reorganization plan, making reflection calculations (‘afspiegelingsbeginsel’) and drawing up a social plan