If you are summarily dismissed, the immediate assumption is often: surely there is no redundancy pay then? That is a persistent misconception. Whether you as an employee are entitled to redundancy pay The summary dismissal depends on one specific question: was your conduct Seriously Culpable? That's a far higher threshold than most people expect.
Summary dismissal and its legal basis
With summary dismissal, your employment ends immediately. Your employer does not need to go to court or give you notice. However, they must have a serious reason and tell you about it without delay. Examples include fraud, theft, or serious misconduct at work.
But an urgent reason is not the same as seriously culpable conduct. That distinction is crucial when it comes to your entitlement to redundancy pay. Under Article 7:673(7) of the Dutch Civil Code, the right to redundancy pay is forfeited 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 redundancy pay?
It is perfectly possible in law 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 obliged to pay redundancy pay. Courts always assess this on the basis of all the circumstances of the case: the nature of the conduct alleged, the length of service, any prior warnings, and the employee’s personal situation.
A recent case clearly illustrates this point: an employee was lawfully dismissed summarily, but the district court judge ruled that there had been no seriously culpable conduct. The employer was consequently still required to pay the full redundancy sum. In another case before the Amsterdam District Court, an employer had to pay over €52,000 in redundancy pay following a lawful summary dismissal, because the court found that while the employee had crossed a line, their conduct had not been seriously culpable.
The safety net in the legislation
Even if a court concludes that you acted in a seriously culpable manner, there is still a final safeguard. Under Article 7:673(8) of the Dutch Civil Code, the court may nevertheless award a full or partial redundancy payment if withholding it would be unacceptable by the standards of reasonableness and fairness. Consider, for example, an employee with a long period of service who makes a relatively minor mistake. The law therefore allows for a tailored approach, even in particularly difficult situations.
How much is redundancy pay in 2026?
The calculation of redundancy pay is the same in all cases: you receive one third of a gross monthly salary for each year worked, with shorter periods counted on a pro-rata basis. The maximum redundancy payment in 2026 is €102,000 gross. If your annual salary exceeds €102,000, your annual salary applies as the statutory maximum. This cap is indexed annually on the basis of contractual wage developments; in 2025 the threshold was still €98,000.
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Plan a conversationChallenging your dismissal or claiming your payment
You have two possible courses of action if you disagree with the summary dismissal or if the redundancy payment is not forthcoming:
- Having the dismissal set aside You apply to the district court judge to have the dismissal overturned. This must be done within two months of the date of dismissal.
- Accepting the dismissal and claiming compensation You accept the termination of employment but bring a claim for redundancy pay and, where applicable, fair compensation before the court.
- Claiming redundancy pay retrospectively If payment is not made, you can compel payment through the district court judge. Submit your petition within three months of the end of the employment contract—after that, your right lapses.
- Keep a close eye on deadlines: Two months to have the dismissal overturned, three months to claim the redundancy pay. Don't wait and see.
- Document everything: Keep the dismissal letter, text messages, and emails. These are essential as evidence in any proceedings.
- Seek legal advice promptly. Assessing seriously culpable conduct is a bespoke exercise. A specialist can quickly gauge whether your situation has merit.
What does this mean 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 offers employees more protection than they realise. Whether it is an impulsive decision by the employer, a situation that is more nuanced than presented, or a mistake that is disproportionate to the sanction imposed — every case stands or falls on its facts and their legal characterisation.
Always have your situation assessed by someone who knows precisely where the boundaries lie. The sooner you do so, the more options you will still have.
Why Arbeidsjurist Eindhoven?
At Arbeidsjurist Eindhoven, we know the ins and outs of summary dismissal and the associated compensation questions. We examine your situation in concrete terms: is the dismissal valid, was your conduct seriously culpable, and what are your realistic prospects before the district court judge? No vague answers — just 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 move forward quickly.
Frequently asked questions
You are not always entitled to redundancy pay if you have been summarily dismissed.
No, that is incorrect. Summary dismissal does not automatically mean you receive no redundancy pay. You lose that right only if your conduct is classified as seriously culpable. That is a high legal threshold. If there is an urgent reason for the dismissal but no seriously culpable conduct, the employer is still obliged to pay redundancy pay.
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. 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 redundancy payment in 2026 following summary dismissal?
If you are entitled to redundancy pay, it is calculated using the standard statutory formula: one third of a gross monthly salary for each year worked. In 2026, the maximum redundancy payment is €102,000 gross. If you earn more than €102,000 per year, your annual salary applies as the maximum.
Within what timeframe must I take action following summary dismissal?
Two strict deadlines apply. If you wish to have the dismissal annulled by the district court judge, you must submit your petition within two months of the date of dismissal. If you only wish to claim the redundancy 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 still award redundancy pay even if I acted in a seriously culpable manner?
Yes, that is possible. The legislation contains a safety-net provision (Article 7:673(8) of the Dutch Civil Code): the court may nonetheless award redundancy pay if withholding it would be unacceptable by the standards of reasonableness and fairness. This may arise, for example, where an employee with a very long period of service makes a relatively minor mistake. This is assessed on a case-by-case basis.
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.
