Can you get fired if you are late for work too often?
Being late for work can happen to anyone from time to time, such as due to delays or unforeseen circumstances. But what if this happens more often? Can you be fired if you are regularly late? This blog post explains how judges deal with repeated tardiness and what the consequences may be for employees.
When does being late lead to dismissal?
Occasional tardiness is often not grounds for dismissal. However, when this happens more often, the situation can be different. For example, the subdistrict court in Eindhoven ruled that the dismissal of a cleaner at ASML was justified. The employee had been late a total of six times and had fallen asleep twice at work. Despite repeated warnings, the behavior did not improve, which ultimately led to the dismissal on the basis of culpable conduct.
Repeated tardiness may warrant dismissal
Another example is a case at the Arnhem-Leeuwarden Court, where an employee at transport company Van den Haak was fired. This employee was late for his shifts no less than 243 times over a period of 2.5 years, representing 43% of the total number of shifts. The Court ruled that immediate dismissal was justified, given the frequency of tardiness and the lack of improvement after warnings.
Can you just get fired after being late a few times?
It is important to understand that not every situation of tardiness automatically leads to dismissal. Employers should first try to improve the employee's behavior. This is often done through conversation and warnings. If the behavior does not improve, further steps can be taken. An employer must also take into account any causes of tardiness, such as illness or personal problems, and account for them to some extent.
Conclusion
While repeated tardiness can have serious consequences for the working relationship, dismissal is often not the first step. Employers have an obligation to address the problem first by engaging in conversation and issuing warnings. It is only in the case of repeated violations, without any improvement, that dismissal may be a justified option.
This blog was written by Mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists entrepreneurs daily with a wide range of employment-related matters. From dismissal cases to drafting watertight contracts and policies – with his practical and personal approach, he helps employers and employees move forward. Want to know more?Visit Stijn's page.
Arbeidsadvocaat.nl is happy to think with you if you have questions about employee tardiness. Please feel free to contact us .
April 2025
