A judge is not a calculator

Even in the tangle of legislation, case law and regulations, some things are beyond dispute. The subdistrict court formula, for example. If the subdistrict court dissolves an employment contract, the employee receives compensation of the number of years of service times the monthly salary. See, that's clear.

A number of courts also thought so. They therefore introduced a similar formula for that other route of dismissal: terminating the employment contract with the permission of the UWV Werkbedrijf. In principle, no compensation needs to be paid. Unless the employee considers the consequences of the dismissal more serious for himself than the employer's interest. The so-called manifestly unreasonable dismissal. The employee can then seek compensation through the courts. In a number of such proceedings, employers appealed. The relevant courts then drew up a matching formula for determining the compensation.

Finally clarity, almost everyone thought. But one employer did not leave it at that and went to the Supreme Court. The latter, in turn, was clear and put a line through the formula. Because, he says, every case is different. Judges must state the facts and circumstances in each case and link the compensation to it. "But with the subdistrict court formula, every case is different too," you might think. It is. The Supreme Court may be indicating with this ruling that it also disagrees. It does not think automatic action is appropriate in this type of case. Who knows, maybe that too will come before the Supreme Court.

For now, at least, we lose the foothold for negotiations between employer and employee on the dismissal route through the UWV Werkbedrijf. If your employee finds the dismissal manifestly unreasonable, there is a good chance that you will go to court. This makes it all the more important to influence the facts and circumstances that form the basis of compensation. Be careful in the process leading up to the dismissal and build solid files. Don't just run to the UWV Werkbedrijf believing that you can get away with it without or with standard compensation. Because that's not how it works anymore, that's obvious!