Introduction
Dismissal rarely comes completely unexpected. There are often signs that the employer may want to terminate employment. These signals can be subtle, or sometimes downright obvious. It is important for employees to recognize such indications of impending dismissal early so that they can strengthen their position and avoid legal pitfalls. This blog discusses three common signs that may indicate impending dismissal, as well as what your rights are in that situation.
1. Improvement process: your performance is up for discussion
One of the clearest signals of impending dismissal is the initiation of an improvement process. If you are asked to participate in such a program, the employer indicates that your performance is below par. Usually, measurable goals are set that must be achieved within a defined period of time.
A course of improvement in itself does not mean dismissal. However, if the goals are not met, this can be a stepping stone to termination of employment. This can be done through, for example:
- a settlement agreement (termination by mutual agreement), or
- A request to the district judge to dissolve the employment contract for dysfunction.
Note: dismissal for dysfunction has strict legal requirements. The employer must be able to prove that the functioning is structurally insufficient, that concrete points for improvement have been discussed and that the employee has received sufficient guidance. If this process is not followed carefully, a request for dismissal may be rejected.
2. Mediation: signs of a disturbed employment relationship
A second signal of impending dismissal is the proposal to use mediation. Mediation is a mediation process in which a neutral third party helps resolve conflicts between employer and employee. When mediation is proposed, there is often a disrupted employment relationship.
In employment law, an employer must first try to restore cooperation before dismissal can be requested. Offering mediation is part of this. If you do not cooperate in the process without good reason, it can be used against you in any proceedings.
Conversely, mediation also offers an opportunity to reach agreements, improve the work situation or even come to a mutually acceptable termination. It is therefore important to take the invitation seriously and be well informed about your rights and options.
3. Replacement: your duties are transferred
A third and often unmistakable signal is when your duties are (partially) taken over. This can manifest itself in, for example:
- Hiring a new colleague to perform (part of) your duties;
- the distribution of your tasks among other team members without clear communication about it;
- phasing out your responsibilities or scrapping your role in consultations.
Such signs indicate that the employer may be preparing to terminate your employment. Especially if this is accompanied by limited communication or the lack of a clear future vision for your position, vigilance is called for.
Conclusion
An impending layoff rarely comes out of the blue. Improvement processes, mediation proposals and task shifts are clear signals that employment is under pressure. For employees, it is crucial to take these signals seriously and seek timely legal advice. This can prevent you from being taken unpleasantly by surprise, and you can work in a focused way to improve your position or prepare a good arrangement upon departure.
This blog was written by mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and supports entrepreneurs and employees on a daily basis with a variety of employment law issues. From dismissal cases to drafting watertight contracts and regulations - 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 dismissal. Please feel free to contact us .
April 2025
