A four-legged employment condition? Absolutely!🐕

A physical therapist had been bringing his dog to work every day since he started in 2019. No complaints, no incidents. But in 2024, the employer decided to change course: as of May 1, 2025, bringing dogs to work would be prohibited. The employee did not accept this and took the matter to court.

The subdistrict court ruled in his favor. Allowing the dog to be brought to work for years, without objection and with acceptance, had become a condition of employment that the employer could not simply change unilaterally. Certainly not without a change clause in the employment contract.

What was the deciding factor?

• The dog had been brought to work for six years;
• other colleagues did the same;
• there were no structural complaints;
• the ban was not sufficiently substantiated by compelling interests.

The judge therefore suspended the ban, pending proceedings on the merits.

What does this mean for employers?

Have you allowed certain behavior for years? Then this can (unintentionally) become a condition of employment, but do you want to deviate from this? Then make sure you:

• have a clear (written) policy,
• can provide good and compelling reasons, and
• enforce the policy consistently.

Without this, you run the risk of the court intervening, even if it concerns a four-legged friend.

You can read the ruling here.

If you have any questions about the ruling, please contact Tessa Sipkema, Elke Hofman-Bijvank, or Dennis Oud.