Five hours makes all the difference in a reorganization

Sick on the same day that the resignation request was submitted to the UWV, but still no prohibition on termination? How is that possible?

On May 6, 2025, at 2:36 p.m., the well-known shoe brand Crocs submitted a dismissal application to the UWV for (among others) an HR Business Partner. That same evening, at 7:54 p.m., the employee reported sick after a fall. She got out of the car after returning home from work and lost her balance. The next day, she was informed that her position had been terminated.

The UWV rejected Crocs' dismissal application due to the prohibition of termination during illness. After all, the sick report was made on the same day as the dismissal application. According to the UWV, case law and parliamentary documents indicate that the prohibition of termination during illness applies in this case.

The subdistrict court judge disagreed.

The literal text of the law states that the prohibition on dismissal does not apply if the incapacity for work commenced after the dismissal form was received by the UWV. Who determines this? Not the UWV, nor the court. The company doctor is the one who determines the date on which the incapacity for work commenced and is the only one who can and may express an opinion on this. This worked out in the employer's favor. The company doctor determined that the first day of illness was May 7, 2025. Why? That is not entirely clear from the ruling, but it does correspond with the employee's sick report that evening. She wrote in her email: “I will unfortunately be unable to attend tomorrow's meeting and must call in sick.” In other words, she reported sick for the following day. Since her incapacity for work only began after the A form had been submitted, the prohibition on termination did not apply.

The reorganization was sufficiently substantiated by Crocs, the employment contract was terminated, and the employee only received the transition allowance. The requested fair compensation of more than €555,000.00 was not granted.

It is important for employers to remember that dismissal is not necessarily futile if an employee reports sick (for a longer period) on the same day that the dismissal application is submitted.

Have a company doctor determine the first day of incapacity for work. A difference of five hours can make the difference between a rejection and a termination.

You can read the ruling here.