Being dismissed during your probationary period often feels like a cold shower — and you immediately wonder whether you are entitled to anything. The answer is yes: even in the case of dismissal during the probationary period, you are in principle entitled to a redundancy payment, even if you were only employed for a few days. Below you can read exactly how this works, when exceptions apply and what you would be best advised to do.
Entitlement to a redundancy payment from the first working day
Before 2020, there was a two-year waiting period before you could claim a redundancy payment. That is now a thing of the past. Since the introduction of the Balanced Labour Market Law (Wet Arbeidsmarkt in Balans – WAB) on 1 January 2020, you accrue the right to a redundancy payment from your very first working day. In concrete terms, this means: if your employer terminates your employment contract whilst you are still in the probationary period, you are straightforwardly entitled to this payment.
That may sound contradictory — the probationary period is precisely intended to allow either party to part ways without obligation — but the legislature deliberately chose this system. What matters is that the initiative lies with the employer. If your employer decides to terminate the employment relationship, this constitutes an involuntary dismissal and the right to a redundancy payment arises.
When the right to a redundancy payment does not apply
There are situations in which you cannot claim a redundancy payment, even with a short period of employment. The most important exceptions are:
- You resign yourself — anyone who terminates the employment relationship themselves is not, in principle, entitled to a redundancy payment (unless the employer has acted in a seriously culpable manner).
- Seriously culpable conduct on your part — if your own actions or omissions caused your dismissal, your redundancy pay may be forfeited (in whole or in part).
- You are under 18 and work an average of twelve hours or fewer per week — in that case the right does not apply.
- You have reached state pension age — in that case too there is no entitlement to a redundancy payment.
- A collective agreement with an alternative provision — some collective agreements include an alternative arrangement for redundancies on economic grounds. Always check whether your collective agreement contains any such provision.
Are you unsure whether your situation falls under one of these exceptions? Have it properly investigated before you sign anything or give your agreement.
How much is the redundancy payment for a short period of employment
The amount of the redundancy payment is based on two factors: the length of your employment and your gross monthly salary. For each full year of service you receive one third of your gross monthly salary. If the employment has lasted less than a year, the amount is calculated on a pro-rata basis — even if it was only a matter of a few days or weeks.
Arrange a no-obligation chat and discover how we can help you.
Plan a conversationThis means that in practice the payment upon dismissal during the probationary period will be very modest, but legally speaking every moment worked counts. The maximum redundancy payment in 2026 is €102,000 gross, or one gross annual salary if your annual salary exceeds that amount. This maximum is of course irrelevant in the case of dismissal during the probationary period, but it is useful to know the maximum you could potentially receive after a longer period of employment.
Dismissal during the probationary period and a settlement agreement
Employers sometimes immediately offer a settlement agreement upon dismissal during the probationary period. Please note: where employment is terminated by mutual consent, the employer is legally not obliged Nonetheless, an employee will generally expect at least a payment equivalent to the statutory redundancy payment, and in practice there is still room to negotiate on this.
Would you like to know exactly what a redundancy payment entails and when you are entitled to one? Read more on our comprehensive page about Redundancy Payments.
Practical steps following dismissal during the probationary period
Are you facing dismissal during your probationary period? These are the steps you would be best advised to take:
- Always request written confirmation — ensure the dismissal and its date are recorded in writing.
- Check the reason for dismissal — is there seriously culpable conduct on your part, or is this a unilateral decision by the employer?
- Calculate your entitlement — even if it is a small amount, it is your right; ask your employer for a breakdown.
- Check whether a settlement agreement is being offered — never sign immediately; after signing you have fourteen days in which to change your mind.
- Please note the payment deadline — the employer must pay the redundancy payment no later than one month after the termination of employment.
- Consult an employment lawyer — particularly if there are doubts about the grounds for dismissal or if you wish to negotiate a higher settlement.
Why Labour Lawyer Eindhoven
At Arbeidsjurist Eindhoven, we assist employees in the Eindhoven and Brabant region who are faced with dismissal during the probationary period or another unexpected termination of their employment. We assess your situation, check whether an entitlement to a redundancy payment exists, and consider together what the best strategy is – including where a settlement agreement is on the table.
Please feel free to contact us without obligation. An initial consultation costs you nothing, but could prove very worthwhile.
Frequently asked questions
Are you entitled to a redundancy payment if you are dismissed during the probationary period?
Yes. Since 1 January 2020, you have accrued the right to a redundancy payment from your first working day. If you are dismissed by your employer during your probationary period, you are in principle entitled to a (pro-rata) redundancy payment, even if your employment lasted only a few days.
For a very short period of employment, the redundancy payment calculation is quite straightforward. It's calculated based on your age, your length of service, and your weekly pay. Here's a breakdown of how it generally works: * Age: Different age brackets receive a different multiplier. * Length of Service: This is capped at a maximum of 20 years. * Weekly Pay: This is also capped at a statutory weekly maximum, which changes each year. For very short periods of service (less than two years): If you have been employed for less than two years, you are generally not legally entitled to a statutory redundancy payment. However, some employers may offer ex gratia payments (a payment made out of kindness or generosity) or have contractual redundancy clauses in their employment contract that might entitle you to a payment even with short service. It's always worth checking your contract of employment or any staff handbook. Key Points for Short Service: * Statutory Entitlement: You generally need at least two years of continuous employment to qualify for statutory redundancy pay. * Contractual Entitlement: Always check your employment contract. It might offer better terms than the statutory minimum. * Ex Gratia Payments: Your employer might make a voluntary payment. In summary, for a very short period of employment (less than two years), you are typically not entitled to a statutory redundancy payment. Your entitlement would depend on any contractual agreement or an ex gratia payment from your employer.
The redundancy payment amounts to one third of a gross monthly salary for each full year of service. If the employment lasted less than a year, the amount is calculated on a pro-rata basis according to the wages actually earned during that period. The maximum amount in 2026 is €102,000 gross.
What if my employer offers me a settlement agreement upon dismissal during the probationary period?
With a settlement agreement, the redundancy payment isn't a legal requirement, but you can still claim it during negotiations. Never sign straight away: you have fourteen days in which to change your mind after signing. Always have the document checked by an employment lawyer.
You can lose your right to a redundancy payment if you are dismissed during your probationary period in the following circumstances: * If your contract states you have no right to a redundancy payment during probation: Some employment contracts explicitly exclude redundancy pay during the probationary period. * If you haven't completed the qualifying period for redundancy pay: In the UK, you generally need to have been employed for at least two years to be eligible for statutory redundancy pay. If your probationary period is less than two years (which is common), you wouldn't have built up the qualifying service. * If your dismissal is not for redundancy: Redundancy pay is specifically for situations where your job is no longer needed. If you are dismissed for other reasons during your probation, such as poor performance or misconduct, you would not be entitled to a redundancy payment. * If the redundancy is due to the business closing down: In some limited circumstances, if the business closes down, statutory redundancy pay might not apply. It's important to check your employment contract and the specific reasons for your dismissal.
You are not entitled to a redundancy payment if you take the initiative to leave, if the dismissal is the result of seriously culpable conduct on your part, if you are under 18 and work few hours, or if you have already reached state pension age.
By when must my employer pay the redundancy payment?
The employer is obliged to pay the redundancy payment no later than one month after the end of the employment. If they fail to do so, you can claim statutory interest and potentially bring proceedings before the cantonal court.
We're happy to help you brainstorm ideas. For advice tailored to your specific situation, we'd be happy to sit down with you. No rights can be derived from the content of this page and it may contain inaccuracies.
