legally sound and strategically considered
legally sound and strategically considered
Dismissal
Multiple routes, each with its own rules and pitfalls
Termination requires direction and forward thinking. Ending an employment relationship, individually or as part of a reorganization, is one of the most impactful decisions in employment law. A careful approach ensures clarity, peace within the organization, and prevents costly escalations.
We support employers, HR, statutory directors, and senior management with an approach that is proactive, legally sound, and strategically considered. This not only creates certainty and risk management but also creates space to make the organization more agile and future-proof.
Dutch dismissal law operates under a closed system: an employment contract can only be terminated based on statutory grounds and through designated procedures. Each route has its own conditions, requirements, and legal implications.
Common dismissal situations:
- Termination by operation of law: the automatic expiration of a temporary contract
- Forced dismissal: via UWV or district court
- Termination by mutual consent: via a settlement agreement
- Summary dismissal: due to urgent cause
Grounds for dismissal: these are the statutory possibilities
Often the starting point in a dismissal situation is forced dismissal. This forms the basis of the Dutch dismissal system. For a forced dismissal, there must be a ‘reasonable ground’. The law recognizes the following grounds for dismissal, among others:
- Business economic circumstances
- Long-term incapacity for work
- Poor performance
- (Serious) culpable conduct
- Disturbed employment relationship
- Residual ground
Avoid Pitfalls in the Dismissal Process
Practice shows that many dismissal procedures are delayed or even fail due to errors in preparation, incorrect timing, or insufficient substantiation. This not only causes frustration and additional costs but also legal risks.
Important points of attention within dismissal law:
Dismissal prohibitions: dismissal is not permitted during, for example, illness, pregnancy, or membership of the works council.
Redeployment obligation: only when demonstrably no redeployment is possible can dismissal be justified.
File building for poor performance: without written warnings and a careful improvement process, the chance of rejection is high.
Disturbed employment relationship: the nature and severity of the disturbance must be properly recorded and substantiated.
Fair compensation: in case of seriously culpable conduct by the employer, the court may impose additional compensation.
Summary dismissal: this requires immediate, convincing action and solid legal substantiation.
Common situations in which we advise
A dismissal is significant for both employer and employee. It affects the organization and the person involved. Therefore, it is essential that the dismissal process is not only legally correct but also practically workable and carefully executed.
What we do within dismissal law:
Analysis of the case and advice on the correct dismissal route (individual dismissal, reorganization, or collective dismissal)
Inventory of legal and practical risks
Guidance in file building, performance discussions, and decision-making
Advice on redeployment obligations and possible dismissal prohibitions
Drafting and reviewing settlement agreements, including guidance in negotiations
Representation in legal proceedings before the district court or in UWV procedures. We also regularly participate in mediation.
Strategic consultation with HR, management, or works council
Our added value as a legal partner
Dismissal is a significant step – for both employer and employee. It affects not only legal relationships but also strategy and the organization as a whole. Therefore, we always guide dismissal processes with attention to the legal framework, practical implementation, and broader impact on the organization.
Our employment lawyers have extensive experience in complex dismissal cases, nationally and internationally. We regularly represent employers, HR, statutory directors, and senior management. In doing so, we ensure that the process is legally correct, proceeds carefully, and aligns with the organization’s strategic objectives.
Would you like to discuss a dismissal file or receive advice on the correct dismissal route? Contact us for an initial, exploratory conversation.
We regularly advise and guide in, among others:
Dismissal processes due to poor performance or a disturbed employment relationship
Dismissal during reorganization
Termination of employment contract during illness
Negotiations on termination by mutual consent via a settlement agreement
Preparation and guidance in UWV and district court procedures
Summary dismissal, where urgent action must be taken
Dismissal processes within internationally operating organizations, including cross-border employment contracts
Expiration or extension of temporary employment contracts
Our specialists are ready for you
- Personal strategy
- Maximum results
- Complete peace of mind
Case study
Poor performance at senior level
An international consulting firm wanted to part ways with a senior consultant after prolonged friction over performance. The employee had an impressive CV but insufficient alignment with the organizational culture, causing collaboration to become increasingly difficult.
We guided:
- Building a careful performance file
- Coaching HR and managers in conducting conversations
- Negotiation with the consultant’s lawyer regarding termination
- Drafting a settlement agreement
The result: a business-like and smooth termination with consent from both parties, without procedures or reputational damage.
Case study
Dysfunction at senior level
An international consulting firm wanted to part ways with a senior consultant after prolonged friction over performance. The employee had an impressive CV but insufficient alignment with the organizational culture, causing collaboration to become increasingly difficult.
We guided:
- Building a careful performance file
- Coaching HR and managers in conducting conversations
- Negotiation with the consultant’s lawyer regarding termination
- Drafting a settlement agreement
The result: a business-like and seamless termination with the consent of both parties, without procedures or reputational damage.
View our other areas of expertise as well
Employment law questions? We'll help you move forward
Are you facing an important decision regarding personnel, employment conditions, or a reorganization? Discuss your situation with us and receive clear legal advice you can act on immediately.