Redundancy pay after summary dismissal: your rights explained

Transition payment after summary dismissal

If you are dismissed summarily, the immediate reaction is often: surely there is no transition payment in that case? This is a persistent misconception. Whether you as an employee are entitled to a transition payment following summary dismissal depends on one specific question: was your conduct ernstig seriously culpable? That is a far higher threshold than most people expect.

Summary dismissal and the legal basis

In the case of summary dismissal, your employment ends with immediate effect. The employer does not need to go to court or observe a notice period. However, he must have an urgent reason and communicate it to you immediately. Think of fraud, theft, or serious misconduct in the workplace.

However, an urgent reason is not the same as seriously culpable conduct. That distinction is crucial when it comes to your entitlement to a transition payment. Under Article 7:673(7) of the Dutch Civil Code, the transition payment lapses only where the dismissal is the result of seriously culpable acts or omissions on the part of the employee. That is a high threshold — higher than the threshold that applies to the urgent reason itself.

When are you entitled to a transition payment

It is legally entirely possible for your summary dismissal to be valid whilst your conduct falls just short of the threshold of seriously culpable conduct. In that case, the employer is still liable to pay a transition payment. Courts always assess this on the basis of all the circumstances of the case: the nature of the reproach, the length of the employment relationship, prior warnings, and the employee's personal situation.

An example from recent case law makes this concrete: an employee was lawfully dismissed summarily, but the subdistrict court ruled that there had been no seriously culpable conduct. As a result, the employer was still required to pay the full transition payment. In another case before the Amsterdam District Court, an employer was required to pay more than €52,000 in transition payment following a lawful summary dismissal, because the court found that whilst the employee had crossed a line, he had not acted in a seriously culpable manner.

The safety valve in the legislation

Even if a court concludes that you did act with serious culpability, there is still one final safety net. Under Article 7:673(8) of the Dutch Civil Code, the court may nonetheless award a transition payment in full or in part if withholding it would be unacceptable by standards of reasonableness and fairness. Think, for example, of an employee with a long period of service who makes a relatively minor mistake. The law therefore leaves room for a tailored outcome, even in particularly distressing situations.

How much is the transition payment in 2026

The calculation of the transition payment is the same in all cases: you receive one third of a gross monthly salary for each year worked, with shorter periods also counted on a pro-rata basis. The maximum transition payment in 2026 is €102,000 gross. If your annual salary exceeds €102,000, your annual salary applies as the statutory maximum. This maximum is indexed annually on the basis of contractual wage developments; in 2025 the threshold was still €98,000.

Challenging your dismissal or claiming the payment

You have two possible routes if you disagree with the summary dismissal or if the transition payment is not forthcoming:

• Het ontslag vernietigen: you apply to the subdistrict court to have the dismissal annulled. You must do this within two months of the date of dismissal.
• Accepting and claiming payments: you accept the termination of the employment relationship, but claim a transition payment and, where applicable, a fair compensation from the court.
• Claiming your transition payment retrospectively: if the payment is not made, you can enforce payment through the subdistrict court. Submit your petition within three months of the end of the employment contract — otherwise your right lapses.
• Keep a close eye on deadlines: two months to annul the dismissal, three months to claim the transition payment. Do not wait and see.
• Leg alles vast: keep the dismissal letter, app messages and emails. These are essential as evidence in proceedings.
• Seek legal advice promptly: the assessment of serious culpability is highly fact-specific. A specialist can quickly gauge whether your situation has a good prospect of success.

What this means for you in practice

Summary dismissal feels like a blow, and the initial assumption is often that you are no longer entitled to anything. But the law affords employees more protection than they realise. Whether it involves an impulsive decision by the employer, a situation that is more nuanced than presented, or a mistake that is disproportionate to the sanction — every case stands or falls on the facts and their legal classification.

Always have your situation assessed by someone who knows exactly where the boundaries lie. The sooner you do this, the more options you will still have.

Why Employment Lawyer Eindhoven

At Arbeidsjurist Eindhoven, we know the ins and outs of summary dismissal and the associated questions about compensation. We look at your situation concretely: is the dismissal valid, was your conduct seriously culpable, and what are your realistic chances before the subdistrict court? No vague answers, but plain language and practical advice tailored to your situation in Eindhoven and the Brabant region. Contact us without obligation — we are happy to help you quickly.

Frequently asked questions

Do I always have no entitlement to a transition payment if I have been dismissed summarily?

No, that is not correct. Summary dismissal does not automatically mean you will receive no transition payment. You lose that entitlement only if your conduct is classified as seriously culpable. That is a high legal threshold. If there is a valid urgent reason for the dismissal but no seriously culpable conduct, the employer is still obliged to pay a transition payment.

What is the difference between an urgent reason and seriously culpable conduct?

An urgent reason justifies summary dismissal: the employer cannot reasonably be expected to continue the employment relationship. Seriously culpable conduct goes further: it concerns behaviour for which the employee can be held genuinely and personally accountable. The bar for seriously culpable conduct is considerably higher. A court always assesses this on the basis of all the circumstances of your specific case.

How much is the transition payment in 2026 in the event of summary dismissal?

If you are entitled to a transition payment, it is calculated using the standard statutory formula: one third of a gross monthly salary for each year worked. In 2026, the maximum transition payment is €102,000 gross. If you earn more than €102,000 per year, your annual salary serves as the maximum.

Within what timeframe must I take action after summary dismissal?

Two strict deadlines apply. If you wish to have the dismissal annulled by the subdistrict court, you must submit your petition within two months of the date of dismissal. If you wish only to claim the transition payment, you have three months from the end of the employment contract. After those deadlines, your rights lapse. Do not delay in seeking legal advice.

Can the court award a transition payment even if I have acted in a seriously culpable manner?

Yes, that is possible. The law contains a safety-net provision (Article 7:673(8) of the Dutch Civil Code): the court may nonetheless award a transition payment if failing to do so would be unacceptable by standards of reasonableness and fairness. This may apply, for example, to an employee with a very long period of service who makes a relatively minor mistake. This is assessed on a case-by-case basis.

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.