Intervening in cases of oversleeping and being late for work

You can take action against an employee who repeatedly oversleeps or arrives late — but dismissal is only the last resort. Start with a conversation and an official warning, build a file, and, if necessary, apply more severe measures such as withholding wages for time not worked or suspension. Only when nothing else works does dismissal come into play. Below, you can read which disciplinary measures you can take step by step and what case law says on this matter.

What can you do if an employee is late?

Being late once in a while can happen to anyone — forgetting an alarm clock is easily done. In that case, a brief word of caution is sufficient, and the matter is closed. If it becomes a pattern, however, there is more going on, and you, as an employer, may intervene. It is important that you do this in stages and with demonstrable evidence.

What disciplinary measures are possible?

In the event of persistent lateness, you can implement various measures, increasing in severity:

• Official warning or reprimand. An official warning has no immediate consequence for the employee, but makes it clear that you mean business and helps build the case file for potential follow-up steps.
• Withholding wages for time not worked. This usually does not happen in the case of occasional lateness, but anyone who regularly oversleeps is not entitled to wages for hours not worked ("no work, no pay").
• Suspension. In more serious cases, a suspension follow. Please note: in principle, salary payments continue as normal during a suspension.

When can you dismiss an employee for being late?

Dismissal is the ultimate measure, considered only when nothing else works. In extreme cases, even summary dismissal may be justified, but that is a severe measure with strict requirements. Before proceeding with dismissal, you must:

1. engage in a conversation with the employee and seek solutions (sometimes, for example, there is an underlying problem that can be resolved with help or guidance);
2. to be able to prove being late ;
3. a solid file with time records, written warnings, and performance review reports.

Example from case law: the bus driver who kept oversleeping

A dismissal case involved a bus driver who continued to oversleep despite numerous warnings (ECLI:NL:RBNNE:2022:4375). For a transport company, arriving on time is crucial: a driver who oversleeps causes immediate problems. The employer had been very strict: multiple warnings, performance reviews, and even counseling by a psychologist. The employee went through a support program but continued to oversleep. Eventually, enough was enough.

The subdistrict court ruled that the employee did act culpably, but not seriously culpably. Consequently, the employer was required to observe the notice period upon termination.

The case shows that even a well-substantiated file does not automatically lead to a judgment of “seriously culpable” — with consequences for the notice period and the transition payment.

Practical tips for employers

• Consistently record tardiness in a time log.
• Issue warnings in writing and have the employee sign for receipt.
• Start the conversation and investigate if there is an underlying cause.
• Offer help or guidance where appropriate — this will also strengthen your case file later on.
• Seek legal advice in good time before proceeding with a dismissal.

Frequently Asked Questions

Am I allowed to withhold wages if an employee is late?

In principle, no wages need to be paid for hours not worked. Therefore, in the case of persistent lateness, it is possible to withhold wages for the time not worked. In the case of a one-off delay, this is generally not done.

Can I dismiss an employee summarily because he is late?

Only in exceptional, extreme cases. Summary dismissal places high demands (an urgent reason, given without delay). Being late once almost never justifies this; a persistent pattern with a solid file might, however, do so in rare cases.

Do I need a file to dismiss someone for being late?

Yes. You must be able to prove the tardiness. Time records, written warnings, and meeting minutes are indispensable for this.

Do I have to pay a transition payment upon dismissal due to being late?

In principle yes, unless there is seriously reprehensible conduct on the part of the employee. In the case discussed, this was not the case, as a result of which the standard rules (notice period, compensation) applied.

Dealing with an employee who keeps oversleeping?

An incorrect approach to persistent lateness can cost you dearly, especially if it leads to dismissal proceedings. Ensure that you take the right steps in the correct order and that your records are in order.

Our employment law assist you with warnings, building a case file, and, if necessary, a careful dismissal process. Schedule a no-obligation intake meeting and discuss your situation.