Summary dismissal: it is the most extreme measure an employer can take. Is such a sanction justified when an employee forwards confidential customer data to her private email address? Read about it here:
What was this case about?
The employee has been working as a Groups, Conference & Events Sales Coordinator at the Hilton hotel at Schiphol Airport since June 2023. The employment contract is subject to a code of conduct, which contains rules for handling confidential company information. In April 2025, the employee sent a 23-page Word file to her private email address. This contained a list of 71 Hilton guests, including the company name per market sector, name, job title, telephone number, email address, postal address and website of the guests.
Not long after, Hilton discovers this by chance and suspends the employee. The employee initially denies that the document existed. Later, she states that she emailed the document to herself because she wanted to add the customers on LinkedIn. However, Hilton refers to the code of conduct and dismisses the employee with immediate effect.
The employee went to court and requested that the summary dismissal be annulled, that her wages be paid and that she be reinstated. In the alternative, she requested (among other things) payment of the transition allowance, fair compensation and fixed damages. Hilton submitted a conditional counterclaim for termination of the employment contract (insofar as the summary dismissal was unjustified).
What is the court's ruling?
Although courts set high standards for summary dismissal, this court ruled that the summary dismissal in this case was justified. There was urgent cause: acts, characteristics or conduct on the part of an employee that meant that an employer could not reasonably be expected to continue the employment contract.
The court reiterated its established position on this point: when answering the question of whether such urgent cause exists, the circumstances of the case must be considered in their mutual connection and context. These circumstances include the employee's personal circumstances, the nature and duration of the employment relationship and the consequences of summary dismissal for her. Even if the consequences are far-reaching, weighing up the personal circumstances against the nature and seriousness of the urgent reason may lead to the conclusion that immediate termination of the employment contract is justified.
In this case, the court found that the summary dismissal was justified. In this regard, great importance was attached to the employer's code of conduct, which had been signed by the employee and which clearly stated the importance of keeping confidential information secret. Moreover, the information in question is competitive and privacy-sensitive (personal) data of guests. Furthermore, the employee has no clear explanation for her actions and her statements on this point were inconsistent. In short: the employee's requests are rejected and the summary dismissal remains in force.
The full ruling can be found here: ECLI:NL:RBNHO:2025:10627, Rechtbank Noord-Holland, 11773974
Our tips for employers
It is entirely understandable that employers want to protect their confidential business data against misuse. This case underlines how important it is to clearly establish in advance what is and is not permitted in this regard. Hilton's code of conduct explicitly states that “confidential information” also includes customer lists and that violation of the policy can lead to dismissal.
Our advice to employers who also deal with confidential information is therefore: have a well-drafted code of conduct drawn up and legally reviewed, and ensure that employees receive and sign the document. If there is a (possible) violation of the rules, immediately conduct a thorough investigation and confront the employee with the findings as soon as possible after the investigation has been completed. After all, for summary dismissal to be valid, not only is an urgent reason required, but the dismissal must also be given immediately (i.e. as soon as possible), with immediate notification of the urgent reason to the employee. These are therefore three legal requirements.
The employment lawyers at SPEE Solicitors & Mediation are not only your sparring partner in the event of (impending) summary dismissal, but also – and even more importantly – in drawing up a useful, well-thought-out code of conduct that provides guidance for both parties. Do you also need a critical eye and a sharp pen? We are happy to assist you.