When Can You Dismiss on the Spot?
Ontslag op staande voet (summary dismissal) is the most extreme measure in Dutch employment law — and the most legally risky. It must only be used for dringende redenen (urgent reasons) so serious that you cannot reasonably be expected to continue the employment relationship for even one more day.
Dutch courts interpret "urgent reasons" very strictly. What might justify immediate termination in other countries often fails to meet the Dutch legal threshold. Getting it wrong means the dismissal is void, and you face claims for back pay, transition payment, and a "billijke vergoeding" (fair compensation) penalty.
Legal Requirements for Valid Summary Dismissal
All three conditions must be met simultaneously — failing any one invalidates the entire dismissal:
- Urgent reason (Dringende reden): The conduct must be so serious that immediate termination is the only proportionate response. Examples include theft, fraud, physical violence, gross insubordination, or working under the influence. Performance issues, personality conflicts, and single incidents of misconduct almost never qualify
- Immediacy (Onverwijldheid): You must act immediately after discovering the urgent reason. Even a delay of 2-3 days can invalidate the dismissal. If you need time to investigate, suspend the employee with pay while you gather evidence — but communicate the dismissal decision the moment your investigation confirms the facts
- Immediate communication (Onverwijlde mededeling): The employee must be told immediately why they're being dismissed. The stated reason becomes the basis for any legal challenge — you cannot add new reasons later. Prepare your statement carefully before the conversation
Examples from Dutch Case Law
Courts have established extensive precedent on what does and doesn't justify summary dismissal:
- Accepted: Embezzlement/theft (even small amounts), deliberate fraud, violent threats or assault against colleagues, persistent refusal to follow reasonable instructions after formal warnings, serious safety violations
- Rejected: Single instances of tardiness, using company internet for personal purposes, one-time emotional outburst, alleged underperformance without improvement trajectory, social media posts critical of the company
- Context-dependent: Courts consider the employee's length of service, prior record, personal circumstances, and the proportionality of dismissal versus a lesser sanction. A 20-year veteran with a clean record faces a higher threshold than a new hire
The Investigation and Documentation Process
Before pulling the trigger on summary dismissal, you need bulletproof documentation:
- Gather evidence first: Security footage, digital logs, witness statements. Hearsay and assumptions will not survive legal challenge
- Suspend pending investigation: Send the employee home with full pay while you investigate. This preserves your right to act "immediately" once facts are confirmed
- Legal review: Have an employment lawyer review your case before proceeding. The cost of legal advice is minimal compared to the cost of a wrongful dismissal claim
- Witness the conversation: Always have HR or another manager present during the dismissal conversation. Document the meeting in a written confirmation letter, delivered the same day
