Challenging an economic redundancy dismissal in court in Eindhoven

You have been dismissed on business-economic grounds and are wondering whether everything was handled fairly. Good news: even if the UWV has granted a dismissal permit, you can still contest that dismissal before the subdistrict court. Below you can read how that procedure works, what your chances are, and when to engage an employment lawyer.

When you can go to the subdistrict court

In the case of dismissal on business-economic grounds, the dismissal procedure normally runs through the UWV. If the UWV grants a dismissal permit, your employer then terminates your employment contract. Do you disagree with this? Then you can contest that dismissal before the subdistrict court. An important point here is the time limit: you must submit an application within two months of the date on which the dismissal took effect. If you allow that time limit to pass, the court will in principle no longer be open to your application.

Heb je een Reorganisation and Redundancy in Eindhoven Has the procedure been followed and has your dismissal permit already been granted? Then acting quickly is essential. In Eindhoven and the Brainport region, we regularly see employees underestimate this time limit.

What the subdistrict court assesses

The subdistrict court does not look over the UWV's shoulder as though it were a standard objection procedure. It independently assesses whether the termination is contrary to the law. That may be the case for various reasons:

• The business-economic substantiation is factually incorrect or has not been sufficiently demonstrated.
• The proportional selection principle (afspiegelingsbeginsel) has been applied incorrectly, resulting in the wrong employee being dismissed.
• Your employer has not genuinely fulfilled the obligation to consider redeployment.
• A prohibition on termination applied, for example because you were ill at the time of the dismissal.
• The correct notice period was not observed.

The court therefore assesses whether your dismissal substantively meets the statutory requirements, even if the UWV has given the green light.

Reinstatement or an equitable compensation as an outcome

If the subdistrict court concludes that the dismissal was not lawful, two outcomes are available. On the basis of Article 7:682 of the Dutch Civil Code, the court may order your employer to reinstate the employment contract. This means that in principle you simply return to work and that your employer must pay the wages for the intervening period.

Sometimes returning to work is no longer realistic in practice — for example because your position has genuinely been abolished in the meantime or the working relationship has been seriously damaged. In such a case, the court may award a fair compensation instead of reinstatement. This is an additional payment on top of the ordinary transition payment, and it can rise substantially if the court finds that your employer acted in a seriously culpable manner.

The transition payment in a contested dismissal

Regardless of the outcome of legal proceedings, you are normally entitled to a transition payment in the event of dismissal on economic grounds. In 2026, this amounts to a maximum of €102,000 gross, or one gross annual salary if that is higher. The payment is calculated on the basis of your monthly salary and the number of years you have been employed: one third of a monthly salary for each full year worked, and the remaining months on a pro-rata basis.

Always check whether your employer has offered the correct amount. Errors in the calculation — or the omission of fixed allowances — are by no means exceptional in practice.

Steps you can take now

Are you considering proceedings before the subdistrict court? These are the most practical steps to take straight away:

• Noteer de ontslagdatum. The two-month time limit begins on the day the dismissal actually takes effect, not on the date of the UWV decision.
• Verzamel alle documenten. Think of the dismissal letter, the UWV decision, your employment contract, pay slips and any correspondence regarding redeployment.
• Assess the grounds for challenging the dismissal. Has the mirror-image principle been applied correctly? Has redeployment genuinely been explored? An employment lawyer can help you establish this quickly.
• Do not wait too long before seeking advice. The sooner you involve a specialist, the more time there is to prepare your petition properly.
• Weigh up reinstatement and compensation. Legal proceedings are not always the only option; sometimes it is more effective to adjust the negotiations over a settlement agreement.

Appeal as a follow-up step

Do you disagree with the subdistrict court's ruling? If so, you may lodge an appeal. The case will then be reviewed on its merits again by the court of appeal. An appeal involves additional costs and processing time, but can certainly be worthwhile if there are strong arguments that were given insufficient weight at first instance. Make sure you obtain proper advice before taking this step.

Help with contesting a dismissal on business-economic grounds

At Arbeidsjurist Eindhoven we are familiar with the local labour market and the challenges faced by workers in Brabant. Whether you work in technology, healthcare or industry: we examine your situation in concrete terms and translate the legal options into what is best for you. We act swiftly, are readily accessible and always consider the feasibility of legal proceedings versus a negotiated outcome.

Contact us without obligation. We would be happy to explore with you whether and how your dismissal on economic grounds can be challenged, before valuable time is lost.

Frequently asked questions

How long do I have to challenge my dismissal for business-economic reasons at the subdistrict court?

You have two months from the day the dismissal actually takes effect to lodge a request with the subdistrict court. This is a strict limitation period: if you let it lapse, you can in principle no longer appeal to the court for reinstatement or a fair compensation. Seeking advice quickly is therefore crucial.

Can I challenge the dismissal if the UWV has already granted a dismissal permit?

Yes. The fact that the UWV has granted a dismissal permit does not preclude proceedings before the subdistrict court. The subdistrict court makes its own independent assessment of whether the termination was lawful — for example, whether the proportional selection principle (afspiegelingsbeginsel) was applied correctly or whether the obligation to reassign the employee to another role was fulfilled.

What can the subdistrict court award me if my dismissal turns out to be unjustified?

The subdistrict court can order your employer to reinstate the employment contract, including back payment of salary for the intervening period. If reinstatement is not realistic, the court can award a fair compensation on top of the statutory transition payment. The amount of that fair compensation depends heavily on the circumstances.

Am I always entitled to the transition payment if I bring proceedings?

In the case of dismissal for business-economic reasons you are in principle entitled to a transition payment, regardless of whether you go to court. In 2026 the statutory maximum is €102,000 gross, or one gross annual salary if that is higher. The payment is calculated on the basis of your monthly salary and the number of years of service.

When should I engage an employment lawyer in the event of a reorganisation in Eindhoven?

As soon as possible after receiving a dismissal letter or a UWV decision. An employment lawyer will assess whether the correct procedure was followed, whether the calculations are accurate and whether legal proceedings have a reasonable prospect of success. The sooner you seek advice, the more scope there is to act strategically.

We are happy to think along with you. For advice tailored to your situation, we would be glad to talk. No rights can be derived from the content of this page and it may contain inaccuracies.