Summary dismissal – when may an employer dismiss you immediately?

Summary dismissal means that the employer ends employment immediately. It differs from termination with notice, where employment normally continues during a notice period. The threshold for summary dismissal is high, and anyone receiving such notice should promptly establish both the grounds and applicable deadlines.

The legal threshold in section 18 LAS

Under section 18 LAS, an employer may summarily dismiss an employee who has grossly neglected their obligations to the employer. The provision does not permit summary dismissal as a general solution when an employment relationship becomes difficult.

A legal review must distinguish the employer's allegations from what the evidence actually shows. The meaning of events, their connection to employment and applicable duties need assessment. A label such as disloyalty or misconduct cannot by itself determine an individual case.

The two-month rule has exceptions

Summary dismissal normally may not be based solely on circumstances known to the employer more than two months before the advance notice under section 30 LAS. If no advance notice was given, time is counted from the dismissal. Section 18 contains express exceptions, including certain delays at the employee's request or with their consent, and exceptional grounds.

It is therefore misleading to call the rule absolute or say that dismissal is automatically invalid whenever an event is older than two months. Investigate when the employer learned the relevant facts and which circumstances are actually relied on.

You should normally receive advance notice

Under section 30 LAS, an employer intending summary dismissal must notify the employee at least one week beforehand. If the employee is a union member, the local union must be notified at the same time.

The employee and local union may request deliberations no later than one week after the notification. If requested, the employer may not implement dismissal until deliberations have ended. Advance notice of intended dismissal is therefore different from a final dismissal notice.

What must the notice contain?

Section 19 LAS requires written notice of summary dismissal. It must explain what the employee needs to do to challenge dismissal or claim damages. On request, the employer must state the circumstances relied on as grounds, in writing if the employee requests it. Section 20 governs how notice is delivered.

Even if the employer only sent a text message or verbally told you not to return, act promptly. Defects in form do not make it safe to assume that employment has not ended or that no deadlines are running. The actual communication needs assessment.

Invalidity and damages are separate questions

Under section 35 LAS, summary dismissal must be declared invalid at the employee's request if the circumstances would not even have justified valid termination with notice. Summary dismissal can therefore be wrongful while objective grounds for termination exist. Invalidity is then not the consequence under section 35, although damages may be relevant.

Sections 38 and 38a govern damages. Financial compensation must be assessed against loss and applicable rules; it is not automatically full salary and all benefits throughout the dispute. Under section 35, the court cannot order during the dispute that employment continues until final judgment.

Which deadlines need monitoring?

The main rule in section 40 LAS requires an employee seeking invalidity to notify the employer within two weeks of summary dismissal. A specific rule applies if the prescribed information on invalidity proceedings is missing. LAS-based damages claims are subject to section 41 notification rules, followed by separate court-action deadlines.

A request for deliberations under section 30 and notification of claims under sections 40 or 41 serve different purposes. Do not assume that ongoing discussions automatically protect all claims. Calculation must consider the notice, any negotiations and the applicable collective agreement.

Legal help with intended or completed summary dismissal

Within an agreed assignment, Arbetsrättsjuridik helps review notices and evidence, assess possible claims and provide support in deliberations, negotiations or court. We work online throughout Sweden.

Request a quote and clearly state when advance or final notice was given. Advice and legal analysis are provided for a fee by agreement. An enquiry does not mean that an assignment has been accepted or deadlines are being monitored.

Also read about termination for personal reasons and employment law services.

Legal sources: LAS sections 18–20, 30, 35 and 38–42. Legislation checked on 21 October 2026. Specific rules and applicable collective agreements must be checked for the individual matter. Read LAS on the Swedish Parliament's website.

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