Procedural Requirements for Summary Dismissal in Utrecht
Summary dismissal in Utrecht requires immediate, well-founded notification. Delay or vagueness renders it invalid, as ruled by the District Court of Midden-Nederland. Present concrete evidence of facts to prevent reinstatement.
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Arslan AdvocatenLegal Editorial
2 min leestijd
# Procedural Requirements for Summary Dismissal in Utrecht
In Utrecht, where the labor market is vibrant with sectors such as tech, education, and government, employers must adhere to the strict procedural rules of Article 7:678(3) of the Dutch Civil Code (BW) when summarily dismissing an employee due to serious misconduct. The termination must occur without delay, and the employee must be immediately informed of the urgent reason, enabling the employment to cease immediately.
## Immediate Notification in Utrecht Practice
Employers in Utrecht, such as those at universities or offices along the Utrechtse Heuvelrug, must inform the employee as soon as possible—preferably verbally, followed by written confirmation. The District Court of Midden-Nederland in Utrecht has ruled in recent cases that even a few hours' delay can be fatal, similar to the Supreme Court ruling in *Smit/Euro Express*. Local examples from the hospitality sector around the Oudegracht demonstrate that urgency is crucial.
## Justification of the Urgent Reason
The notification must describe the facts and circumstances concretely, avoiding vague terms. In Utrecht cantonal court cases, often handled at the branch on Catharijne Singel, judges require specific details, such as exact incidents or testimonies from the work environment.
## Evidence and Follow-Up
Gather evidence such as CCTV footage from Utrecht business premises, email logs, or witness statements from colleagues. The cantonal judge subsequently assesses the reasonableness; non-compliance leads to reinstatement of the employment contract with back pay. Employees may initiate proceedings within two months at the District Court of Midden-Nederland (Article 7:686 BW). Local law firms in the city center advise employers to act proactively to minimize risks.
This article provides Utrecht employers with insights into pitfalls and best practices for a robust dismissal process, tailored to the regional dynamics.