Netherlands: Illness after Termination Request at UWV does not stand in the way of Termination by the Court

Authors: Ilse van Aert and Lydia Milders

On 18 February 2022, the Supreme Court ruled that a request for termination at the subdistrict court due to economic circumstances can be granted, if the employee has become ill in the period between the request for termination at the UWV and the request for termination at the subdistrict court. The exception to the prohibition of termination due to illness also applies in this case. This is to prevent improper reporting of illness and (thus) preventing an appeal.

Termination during illness due to economic circumstances

The UWV and the subdistrict court can only grant a request for termination if no prohibitions of termination apply, including the prohibition of termination during illness. There is an exception to the prohibition during illness if the employee becomes ill after the employer has requested the UWV for a dismissal due to economic circumstances. If the UWV accepts the request for dismissal, the employer may terminate the employment contract despite the prohibition of termination during illness. If the UWV rejects the request for dismissal, the employer can submit a request for termination to the subdistrict court within two months.

In this ruling, the question is whether a request for termination due to economic circumstances can be granted by the subdistrict court if the employee has become ill in the period between the request for dismissal at the UWV and the request for termination at the subdistrict court.

Facts of the case

The employee has been employed as a stand constructor by the employer since 2008. With the outbreak of the corona crisis, the stand construction activities practically ceased. In June 2020, the employer requested permission from the UWV to dismiss the employee’s employment contract due to economic circumstances. On 1 October 2020, the UWV rejected this request.

In mid-October 2020, the employee became ill. In November 2020, the employer applied to the subdistrict court for termination due to economic circumstances. The subdistrict court rejected the employer’s request for termination because the prohibition of termination during illness would be an obstacle in this case.

Judgment of the Supreme Court

The Supreme Court ruled that a request for termination due to economic circumstances can be granted if the employee has become ill in the period between the request for dismissal at the UWV and the request for termination at the subdistrict court. The prohibition of termination during illness, therefore, also applies in that case.

According to the Supreme Court, this ruling is in line with the intention of the legislator to use the exception to prevent improper use of the prohibition of termination during illness. After all, if the exception would not apply to the period between the request for dismissal at UWV and the request for termination at the subdistrict court, this would leave room for reports of illness aimed at rejecting the request for termination.