Summary dismissal: what should you do now?

Act immediately. Summary dismissal has immediate consequences and a short statutory deadline applies if you wish to challenge it.

These are the immediate consequences

The employment contract and salary payments end immediately. No notice period applies, and the dismissal may have serious consequences for WW benefits and possible compensation.

If you dispute the dismissal, an application to set it aside must reach the subdistrict court within two calendar months after the dismissal date. Merely objecting to the employer does not preserve this statutory time limit.

NOWrequest the precise reason and preserve all evidence

2calendar months to file an application with the subdistrict court

Legal advice following summary dismissal

When is summary dismissal legally valid?

There must be a sufficiently serious urgent reason. The employer must act promptly after learning the relevant facts and must immediately communicate the specific reason for dismissal to the employee.

All circumstances are relevant, including the nature and seriousness of the conduct, prior warnings, the employee’s role and length of service, and the personal consequences. Theft, fraud or violence may constitute an urgent reason, but every case depends on its facts.

Have the dismissal assessed

Take action in this order

Request the reason in writing. Check precisely which facts are alleged.
Preserve evidence. Collect the dismissal letter, emails, messages, camera footage, schedules and statements.
Respond carefully. Do not admit disputed facts and do not immediately sign your agreement.
Remain available for work where appropriate. Obtain advice tailored to your circumstances.
Act before the two-month period expires. Discuss setting aside the dismissal, a wage claim or compensation with a specialist.

Can a settlement agreement provide a solution?

Employer and employee may sometimes agree that the summary dismissal will be withdrawn and that employment will instead end under a settlement agreement.

The wording must then be legally precise. In particular, check the ground for termination, termination date, compensation, salary, full and final discharge and WW risks. A settlement is not automatically safe for WW purposes.

Request immediate assistance