{"id":7073,"date":"2026-08-17T08:48:06","date_gmt":"2026-08-17T05:48:06","guid":{"rendered":"https:\/\/arbeidsadvocaat.nl\/stijn-blom-lawyer-of-the-week-on-the-amount-of-the-awarded-equitable-compensation\/"},"modified":"2026-08-18T01:59:40","modified_gmt":"2026-08-17T22:59:40","slug":"stijn-blom-lawyer-of-the-week-on-the-amount-of-the-awarded-equitable-compensation","status":"publish","type":"post","link":"https:\/\/arbeidsadvocaat.nl\/en\/stijn-blom-lawyer-of-the-week-on-the-amount-of-the-awarded-equitable-compensation\/","title":{"rendered":"Stijn Blom, Lawyer of the Week: On the Amount of the Awarded Equitable Compensation"},"content":{"rendered":"\n<p class=\"wp-block-paragraph\"><a href=\"https:\/\/arbeidsadvocaat.nl\/en\/about\/team\/stijn-blom\/\" data-type=\"page\" data-id=\"1818\">Stijn Blom<\/a> has <a href=\"https:\/\/www.mr-online.nl\/stijn-blom-over-de-hoogte-van-de-toegekende-billijke-vergoedingen\/\" target=\"_blank\" rel=\"noopener\">been named \u201cMr. of the Week\u201d<\/a> by the Mr. platform following an AI-driven analysis of 4,252 court rulings on fair compensation. Below is the interview: <\/p>\n\n<h2 class=\"wp-block-heading\">Why did you start this exercise?<\/h2>\n\n<p class=\"wp-block-paragraph\">\u201cIn practice, the amount of fair compensation is often considered difficult to predict. Judges assess that compensation based on various factors, but it is not always clear what weight those factors are given in practice. Using a large dataset, I wanted to bring more structure to this process. That data now helps us better substantiate, on behalf of our clients, why a certain amount is\u2014or is not\u2014reasonable. I am currently conducting research on all published termination orders issued since July 1, 2025 (the effective date of the WWZ).\u201d<\/p>\n\n<h2 class=\"wp-block-heading\">Just for those who aren&#8217;t as familiar with the subject: when are you actually entitled to fair compensation?<\/h2>\n\n<p class=\"wp-block-paragraph\">\u201cThere are six types of equitable compensation under labor law. The best-known form of equitable compensation is that awarded in cases of serious culpable conduct on the part of the employer, such as when an employer deliberately creates an unworkable situation, discriminates, or seriously fails to fulfill its reintegration obligations. In addition, labor law recognizes other situations in which equitable compensation may be awarded, but in practice, most attention is focused on this category.\u201d<\/p>\n\n<h2 class=\"wp-block-heading\">Now for the key question: As an employee, how much can you expect in terms of fair compensation? What trends do you see? <\/h2>\n\n<p class=\"wp-block-paragraph\">\u201cThe median fair compensation is \u20ac15,000. This means that in half of the cases in which fair compensation is awarded, the amount remains below \u20ac15,000. What an employee can actually expect depends heavily on the legal basis, the length of employment, and the salary, as well as factors such as loss of income, the expected remaining duration of employment, and the degree of fault on the part of the employer. In cases of voidable termination, the median is \u20ac7,500; in cases of serious culpable conduct by the employer, it is \u20ac30,000. In practice, for short-term employment and an average salary, the amounts are often relatively modest. For older employees with long-term employment and a higher salary, the amounts increase significantly.\u201d<\/p>\n\n<h2 class=\"wp-block-heading\">It seems that fair compensation has been declining somewhat since 2023. Can you explain that? <\/h2>\n\n<p class=\"wp-block-paragraph\">\u201cThe median rose from \u20ac10,000 in 2016 to \u20ac22,225 in 2022 and has since fallen back to around \u20ac15,000. The average fluctuates more significantly but shows a similar pattern. I do not have a definitive explanation. It may be related to the composition of the cases that are published. Another factor that could be at play is that, following a number of Supreme Court rulings, judges are (required to) estimate more carefully and, in doing so, give greater weight to the expected remaining duration and the possibility of lawful termination.\u201d<\/p>\n\n<h2 class=\"wp-block-heading\">What other trends have you noticed?<\/h2>\n\n<p class=\"wp-block-paragraph\">\u201cSeveral things struck me. For example, employees are generally awarded about 25 percent of the amount requested. That ratio is remarkably stable across all categories of equitable compensation. So lawyers tend to set their sights quite high.<br\/>Furthermore, it appears that in practice, judges rely on a limited number of five to six key factors. In 56 to 70 percent of cases, the focus is on (the degree of) employer culpability, the expected remaining duration of employment, and loss of income. Many other factors occur much less frequently in practice.<br\/>Combinations of factors make a big difference. In the data, the median amounts vary greatly between certain combinations. This underscores that it rarely comes down to a single factor, but rather to the accumulation of circumstances.\u201d       <\/p>\n\n<h2 class=\"wp-block-heading\">Why did the result surprise you?<\/h2>\n\n<p class=\"wp-block-paragraph\">\u201cAs a lawyer, I was used to thinking in terms of averages. What surprised me is that the median of \u20ac15,000 is significantly lower than the averages cited in some legal literature. My own research also yields an average of \u20ac42,243, but that average is clearly skewed upward by a small group of very high awards, such as those involving executives or older employees with long tenures.\u201d<\/p>\n\n<h2 class=\"wp-block-heading\">To what extent do you incorporate your own research into the advice you give your clients?<\/h2>\n\n<p class=\"wp-block-paragraph\">\u201cWe can now use the dataset to better analyze, in similar cases, what judges actually award and which factors carry the most weight in their decisions. That doesn\u2019t mean you can predict the exact outcome, but it does mean you can provide more realistic advice on ranges and litigation risks.\u201d<\/p>\n\n<h2 class=\"wp-block-heading\">Who or what is your source of inspiration?<\/h2>\n\n<p class=\"wp-block-paragraph\">\u201cI\u2019d like to express my immense gratitude to the Labor Law Department at Erasmus University for igniting my passion for labor law. To be honest, before that, I had no idea what I wanted to do with my life. A special shout-out to Elmira van Vliet and Ruben Houweling.\u201d<\/p>\n\n<h2 class=\"wp-block-heading\">What interesting fact about you isn&#8217;t widely known?<\/h2>\n\n<p class=\"wp-block-paragraph\">\u201cPerhaps not everyone knows that I\u2019ve built up a decent following on social media with informative videos about labor law\u2014I\u2019m now approaching 100,000 followers.\u201d<\/p>\n\n<h2 class=\"wp-block-heading\">What&#8217;s your guilty pleasure?<\/h2>\n\n<p class=\"wp-block-paragraph\">\u201cAmerican politics. Never a dull moment!\u201d<\/p>\n\n<h2 class=\"wp-block-heading\">What&#8217;s on your bucket list?<\/h2>\n\n<p class=\"wp-block-paragraph\">\u201cSunny workations with my fianc\u00e9 and our baby. And back to India.\u201d<\/p>\n\n<h2 class=\"wp-block-heading\">What was the last book you read?<\/h2>\n\n<p class=\"wp-block-paragraph\">\u201cAndre Agassi\u2019s autobiography. I\u2019ve gotten a little tired of serious literature.\u201d<\/p>\n\n<h2 class=\"wp-block-heading\">If it were up to you, then\u2026<\/h2>\n\n<p class=\"wp-block-paragraph\">\u201cShould we roll back the F1 rule changes? Maybe bring back the V10s?\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Stijn Blom has been named \u201cMr. of the Week\u201d by the Mr. platform following an AI-driven analysis of 4,252 court rulings on fair compensation. Below is the interview: Why did you start this exercise? \u201cIn practice, the amount of fair compensation is often considered difficult to predict. Judges assess that compensation based on various factors, [&hellip;]<\/p>\n","protected":false},"author":3,"featured_media":7074,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"inline_featured_image":false,"navigation_state":true,"_joinchat":[],"footnotes":""},"categories":[5],"tags":[],"class_list":["post-7073","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-niet-gecategoriseerd"],"_links":{"self":[{"href":"https:\/\/arbeidsadvocaat.nl\/en\/wp-json\/wp\/v2\/posts\/7073","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/arbeidsadvocaat.nl\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/arbeidsadvocaat.nl\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/arbeidsadvocaat.nl\/en\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/arbeidsadvocaat.nl\/en\/wp-json\/wp\/v2\/comments?post=7073"}],"version-history":[{"count":0,"href":"https:\/\/arbeidsadvocaat.nl\/en\/wp-json\/wp\/v2\/posts\/7073\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/arbeidsadvocaat.nl\/en\/wp-json\/wp\/v2\/media\/7074"}],"wp:attachment":[{"href":"https:\/\/arbeidsadvocaat.nl\/en\/wp-json\/wp\/v2\/media?parent=7073"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/arbeidsadvocaat.nl\/en\/wp-json\/wp\/v2\/categories?post=7073"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/arbeidsadvocaat.nl\/en\/wp-json\/wp\/v2\/tags?post=7073"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}