Summary dismissal
Have you been summarily dismissed from your job?
Summary dismissal means that employment ends immediately, without a notice period. It places stricter requirements on the employer than ordinary dismissal on notice. Whether the summary dismissal is legally valid depends on the circumstances, and it may be worth having it reviewed promptly.
- Employment ends immediately upon summary dismissal
- The requirements on the employer are stricter than for dismissal on notice
- Deadlines can be short
What does summary dismissal mean?
With dismissal on notice, employment continues throughout the notice period, with pay and other benefits. With summary dismissal, employment instead ends immediately. Summary dismissal is the most severe measure an employer can take.
When may an employer summarily dismiss an employee?
Under Section 18 of the Employment Protection Act (LAS), summary dismissal is permitted if the employee has grossly breached their obligations towards the employer. This concerns serious circumstances and, in practice, requires more than would suffice for dismissal on notice for reasons relating to the employee personally. As a general rule, an employer may not base a summary dismissal solely on circumstances known to the employer for more than two months.
Summary dismissal or dismissal on notice: what is the difference?
| Dismissal on notice | Summary dismissal | |
|---|---|---|
| Requirements | Objective reasons (previously referred to as objective grounds) | Gross breach of obligations |
| Employment | Ends after the notice period | Ends immediately |
| Pay | Paid during the notice period | No notice period |
This comparison is simplified and does not indicate how your particular case should be assessed.
Has the employer followed the correct procedure?
In addition to whether there are grounds for summary dismissal, there may be formal requirements to examine, for example:
- whether you and any relevant union were notified in advance, generally at least one week beforehand
- whether the notice was given in writing
- whether the notice included information on how to challenge the summary dismissal
- whether the summary dismissal is based on circumstances the employer has known about for more than two months
Deadlines can be short
Anyone seeking to have a summary dismissal declared invalid generally has two weeks to notify the employer. For damages claims, the general deadline is four months. However, deadlines may be calculated from different starting points and affected by, for example, collective agreements. Read more about how a declaration of invalidity works.
What can you do now?
- Keep the written notice of summary dismissal.
- Keep relevant correspondence that you have personally received or sent.
- Note important dates, such as when you received the notice.
- Do not sign new agreements before you understand what they mean.
- Seek advice promptly if you are unsure.
Frequently asked questions about summary dismissal
Do I receive pay during a notice period if I am summarily dismissed?
No. With summary dismissal, employment ends immediately and there is no notice period. It is therefore particularly important to have the dismissal assessed if you believe it is unfounded.
Can summary dismissal be changed to dismissal on notice?
If the requirements for summary dismissal are not met but there are objective reasons for dismissal on notice, the summary dismissal may in some cases instead be treated as dismissal on notice. This requires an assessment of the circumstances.
How long do I have to act?
Deadlines can be short. As a general rule, the deadline is two weeks to seek a declaration of invalidity and four months to claim damages, but the starting point and duration may vary. You should therefore act quickly.
Must the employer give advance notification before summary dismissal?
As a general rule, the employer must notify the employee, and the union if the employee is a member, at least one week in advance. The notice must be in writing.
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- Employment Protection Act (1982:80) (Swedish Parliament)
- Judgments of the Swedish Labour Court (Swedish Labour Court)
The information on this page is general and does not constitute an assessment of your individual case. Rules may change and collective agreements may contain different provisions. Contact us for an assessment of your specific situation.