Summary dismissal: this must be stated in the dismissal letter

A letter of dismissal regarding summary dismissal must make three things crystal clear: that a summary dismissal is taking place, what urgent reason underlies it, and why that reason is so serious that you, as the employer, cannot be expected to allow the employment relationship to continue. The reason stated in the letter is then legally established: in principle, you may not supplement or change that reason in any subsequent proceedings. Wording that is too vague, too brief, or too suggestive will cause the dismissal to fail and could cost you compensation. Therefore, formulate it concretely, substantiated, and completely.

What is summary dismissal?

Summary dismissal is the most severe and drastic form of dismissal in employment law. The employment contract ends immediately, without the statutory notice period applying and without prior permission from the UWV (Dutch Unemployment Insurance Agency) or the subdistrict court. The legal basis for this is found in Article 7:677 of the Dutch Civil Code. Because this is a far-reaching measure, the law imposes strict requirements on it. If you do not comply with these, the dismissal will not stand up in court.

The three core requirements are:

• An urgent reason. The employee's conduct must be so serious that continuation of the employment cannot reasonably be expected of you.
• Immediate dismissal. You must act expeditiously as soon as the urgent cause is known (possibly following a rapid, thorough investigation or a suspension).
• Immediate notification of the reason. You must inform the employee of the urgent reason simultaneously with the dismissal. In practice, this is done in the dismissal letter.

If things go wrong on any of these points, the employee can challenge the dismissal. If successful, this can lead to continued payment of wages, reinstatement of the employment contract, or compensation. Speed ​​is crucial in this regard: read our article on why you need to act fast in the event of summary dismissal.

What exactly needs to be included in the resignation letter?

The letter of dismissal is the final step in the dismissal process. In it, you set out the urgent reason. In any case, include the following elements:

1. The determination of the summary dismissal. Explicitly state that the employment contract is terminated with immediate effect due to an urgent cause.
2. The concrete facts. Describe as accurately as possible what happened: what, when, where, and who was involved. Avoid generalities such as “misconduct” without explanation.
3. The justification. Explain why these facts constitute urgent grounds and why continuation of employment cannot be required of you.
4. Immediacy. Make it clear that you acted expeditiously after discovery, for example by referring to the date of discovery and any investigation.
5. The date and immediate termination. State the date of the resignation and that the employment ends with immediate effect, so that there is no misunderstanding regarding the moment of termination.

Keep the letter factual and businesslike. Emotion, assumptions, or unsubstantiated accusations weaken your position.

Example: this is how you formulate the urgent reason concretely

The difference between a sustainable and a vulnerable dismissal lies in the wording. Compare:

• Too vague (risky): “Due to your misconduct and your unreliable attitude, we are terminating your employment with immediate effect.”
• Specifically (more strongly): “On [date] at [time], your supervisor observed that you [described behavior]. This is evidenced by [evidence]. We heard you regarding this on [date]. This behavior constitutes grounds for immediate dismissal, because [justification]. Therefore, we are terminating your employment contract as of [date] with immediate effect.”

The concrete version specifies the facts, time, evidence, the right to be heard and to respond, and the reasoning. It is precisely these elements that make the difference when the employee challenges the dismissal.

Why the justification is decisive: the reason is fixed

The most important legal principle is that the reason stated in the dismissal letter fixes. This means: the reason you write down is the reason on which the dismissal is assessed. If proceedings are initiated, you cannot, in principle, present new or additional reasons that were not included in the letter.

The practical consequences are significant. If you write too concisely or too vaguely, you limit yourself. Therefore, careful, complete, and well-substantiated phrasing is not a luxury, but the core of a sustainable dismissal. The motto: better too detailed and concrete than too brief.

What exactly does “without delay” mean?

"Without delay" means that you act expeditiously as soon as the urgent reason becomes known to you. The law does not specify a fixed number of hours or days; it depends on the circumstances of the case. You may take a short period for careful investigation, hearing the employee, or obtaining legal advice, provided that you take immediate action thereafter.

A suspension on non-active duty can provide that leeway: you temporarily suspend the employment contract to investigate the facts, without forfeiting your right to summary dismissal. It is important that both the dismissal itself and the notification of the reason take place without delay. If you wait too long, the dismissal may fail on this point alone, no matter how serious the conduct is.

When is there a compelling reason?

The law does not provide a conclusive definition of an urgent reason. The criterion is that the facts must be so serious that the employer cannot reasonably be expected to allow the employment contract to continue. Due to this open standard, sound substantiation is essential.

In Article 7:678 of the Dutch Civil Code, a series of conduct that may constitute grounds for urgent dismissal. Note the word “may”: it is not automatic. Moreover, this list is not exhaustive; conduct that is not explicitly mentioned can also constitute grounds for urgent dismissal. Whether conduct actually constitutes grounds for urgent dismissal in your specific case depends on all the circumstances, such as the nature and severity of the conduct, the duration of employment, the employee's performance, and the consequences of the dismissal.

Examples of behaviors that may constitute grounds for immediate action include:

• theft, embezzlement or deception;
• assault, threats, or gross insults against the employer or colleagues;
• breaching confidentiality or leaking trade secrets;
• intentionally damaging company property;
• drunkenness or other misconduct despite prior warnings;
• persistent refusal to carry out reasonable orders.

When drafting the letter, always check whether the facts align with one of the statutory examples and refer to it where appropriate, including in a derived form. If an employee is under the influence again after previous warnings, a reference to the statutory example regarding drunkenness is the obvious choice.

Take personal circumstances into account

Even if conduct appears serious at first glance, the judge takes the employee's personal circumstances into account. A long and flawless employment record, the consequences of the dismissal, or a single lapse can lead to summary dismissal being deemed too severe. Therefore, always consider whether a lighter measure, such as a warning or suspension, might not be more appropriate and legally safer in your case.

Practical example: an overly suggestive resignation letter fails

Case law shows that solid substantiation makes all the difference. In one case, an employer had summarily dismissed a salesperson. The salesperson had purchased goods from his employer using an employee discount and subsequently resold them at a profit, which was considered a prohibited form of competition. This was cited as the reason in the dismissal letter, along with the assertion that the employee's statements were "uncredible.".

The Court of Appeal, however, ruled that the employer had failed to sufficiently clarify why those statements were implausible. The allegations in the letter were too suggestive and did not substantiate a compelling reason. The Court ruled that the employer had acted with serious culpability, with the consequence that equitable compensation was due.

The lesson: it is not the indignation that counts, but the concrete, verifiable facts and a clear explanation of why they justify the dismissal.

What risks do you run with a defective resignation letter?

A careless resignation letter can cost you dearly. The main risks:

• Annulment of the dismissal. The employee may challenge the dismissal and claim reinstatement or continued payment of wages.
• Equitable compensation. In the event of seriously reprehensible conduct by the employer, the judge may award equitable compensation.
• Compensation for irregular termination. If the dismissal does not stand, compensation may be due because the notice period was not observed.
• Transition payment. If the urgent cause is invalidated, an entitlement to the transition payment may still arise.

The precise consequences and amounts depend on the circumstances of the case. Therefore, seek advice beforehand, especially since the deadlines for responding are short.

Step-by-step plan: this is how you handle it carefully

1. Investigate the facts carefully but quickly. Gather evidence (camera footage, witness statements, emails).
2. Act without delay. Do not wait longer than necessary; a suspension may provide scope for a brief investigation.
3. Interview the employee where possible, so that you have a complete picture.
4. Draft the resignation letter with concrete facts, justification, and reference to the urgent reason.
5. Have the letter legally reviewed before sending. Once sent, the reason is established.
6. Consider an alternative if the case is doubtful, for example, termination by mutual consent via a settlement agreement.

Frequently asked questions about the resignation letter for summary dismissal

Must summary dismissal be given in writing?

The law does not strictly prescribe a letter, but the urgent reason must be communicated without delay. In practice, a written letter of dismissal is virtually indispensable: it records the reason, prevents disputes, and serves as evidence. An oral summary dismissal is legally risky and almost never advisable.

Can I add or change the reason later?

In principle, no. The reason stated in the dismissal letter fixes the dismissal. In legal proceedings, you generally cannot put forward new or additional reasons. That is why a complete and concrete formulation beforehand is so important.

What does “without delay” mean?

"Without delay" means that you act expeditiously as soon as the urgent reason is known. A short period for careful investigation, hearing the employee, or internal consultation is permitted, provided you take immediate action thereafter. Waiting too long can cause the dismissal to fail on this point alone.

What if the employee contests the dismissal?

The employee can appeal to the subdistrict court within a (short) statutory period to have the dismissal annulled or to claim compensation. If the dismissal is overturned, this may lead to continued payment of wages, reinstatement of employment, or compensation. Prompt legal advice is therefore not a luxury.

Do I have to hear the employee first before dismissing them summarily?

A hearing is not legally required in all cases, but it is advisable. By confronting the employee with the facts, you gain a more complete picture and prevent an innocent statement from undermining the dismissal later on. The hearing and counter-hearing must not unnecessarily delay the immediacy; therefore, schedule it quickly and carefully.

Is termination by mutual consent an alternative?

Yes. If the urgent cause is legally vulnerable, termination by mutual consent via a settlement agreement can be a safer route. You then avoid the litigation risks of summary dismissal. Which route is most suitable depends on the facts and the evidence.

Is the employee still required to receive wages after summary dismissal?

If the dismissal is upheld, the employment ends immediately and, in principle, wage payments cease. However, as long as it has not been established that the dismissal is legally valid, uncertainty remains: if the court annuls the dismissal, wages may still be due retroactively. Therefore, do not count too quickly on a definitive end to the wage obligation.

Have the resignation letter checked by a lawyer beforehand

Summary dismissal leaves no room for error: the reason is established as soon as the letter is sent. Our employment lawyers assess the facts, verify whether there is indeed a valid urgent cause, and ensure a watertight, immediate wording. Due to time pressure, acting quickly is advisable.

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