Dismissal for refusing a cup of coffee during reintegration

What can you do as an employer if an employee refuses to cooperate with their reintegration? This recent ruling shows that termination is ultimately possible, provided you follow the process carefully.

For employers and HR, this is a clear reminder: termination is possible, but only if you handle it carefully. The court explicitly states what is required in any case:

• a written warning or wage measure,
• and an expert opinion from the UWV (Employee Insurance Agency) showing that the employee is not cooperating sufficiently.

In this case, the employer had issued several warnings, first suspending the employee's wages and then terminating them. In the meantime, the employee had attended two consultations with the company doctor. The company doctor indicated that reintegration into (suitable) work was not yet possible, but that regular contact between the employer and the employee could be expected. Also known as ‘a cup of coffee with the employer’.

However, the employee did not respond to the employer's invitations, despite the warnings and the suspension of wages. An expert opinion was then requested. The UWV ruled that the employee was not cooperating sufficiently with his reintegration. The subdistrict court agreed.

However, the employee did not respond to the employer's invitations, despite warnings and the suspension of wages. An expert opinion was then requested. The UWV ruled that the employee was not cooperating sufficiently with his reintegration. The subdistrict court agreed with this ruling.

What is striking about this ruling is that the UWV's expert opinion was issued relatively quickly. The exact date of the request is not stated in the ruling, but it cannot have taken longer than about six weeks. The UWV can therefore act swiftly when necessary. The court proceedings did take longer, however. The request was submitted in November, the ruling followed in February, and the employment contract does not end until April 1, 2026. 

This means that, as an employer, you should take into account a processing time of several months. 

It is also striking that nothing is said about the transition allowance. Because there is no serious culpable conduct, the employee may still be entitled to a transition allowance.

The most important lesson for employers and HR: make sure you have a solid case file. Put everything in writing, apply wage measures correctly, and request an expert opinion in good time. Without these steps, termination on these grounds is virtually impossible.

Questions about a stalled reintegration process? Please contact Dennis Oud, Elke Hofman-Bijvank, or Tessa Sipkema.

You can read the ruling here.