Pre-dismissal interview: key rules to know
23 June 2026 · 4 min reading time
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Receiving a notice to attend a pre-dismissal interview can be unsettling. At this stage, however, the dismissal has not yet been confirmed: the employer is considering terminating the employment contract, but must first give the employee the opportunity to explain their position.
This meeting is used to present the reasons behind the decision being considered and to hear the employee’s observations. Notice period, assistance, how the meeting takes place, possible postponement, dismissal letter: here are the key rules to know before preparing for this stage.
Key points
- A notice to attend does not amount to notification of dismissal.
- The interview must take place at least 5 working days after the notice has been presented or handed over.
- The employee may be assisted during the meeting, under the conditions provided by law.
What is a pre-dismissal interview?
A pre-dismissal interview is a meeting organised before a possible dismissal decision. It brings together the employee and the employer, or the employer’s representative, in order to allow an exchange before any final decision is made.
During the meeting, the employer explains the reasons why they are considering terminating the employment contract. The employee may respond, give their version of events, provide additional information or challenge certain points.
This stage should therefore not be seen as a simple formality. In some situations, the explanations given may help correct an error, clarify the context or avoid a disproportionate decision.
The pre-dismissal interview is not yet a dismissal
Receiving notice of this meeting does not mean that the dismissal has already been decided. The employer is considering a measure, but must wait until after the interview before notifying their decision.
The employee therefore has every reason to prepare for this meeting carefully. The arguments presented may influence what happens next: the employer may decide not to proceed with the dismissal, choose another measure or maintain their decision.
It is also an opportunity for the employee to ask questions, request clarification and present any information that may not yet have been taken into account.
When is a pre-dismissal interview mandatory?
A pre-dismissal interview is mandatory in most individual dismissal procedures. It is required in particular when the employer is considering a dismissal for personal reasons.
The rules may vary depending on the reason for termination, the number of employees concerned and whether a collective economic procedure exists.
Dismissal for personal reasons
A pre-dismissal interview is mandatory in the event of a dismissal for personal reasons. This reason may be disciplinary, for example in cases of minor misconduct, serious misconduct or gross misconduct. It may also be non-disciplinary, such as in certain cases of professional inadequacy, unfitness for work or disruption caused by repeated absences.
In all cases, the employer must invite the employee to attend the interview before making a decision. The meeting allows the employer to present the reasons being considered and to hear the employee’s explanations.
When the dismissal is disciplinary, specific deadlines also apply, particularly regarding when the sanction may be notified.
Economic dismissal
In the case of an economic dismissal, the rules depend in particular on the number of employees concerned and whether there is a Social and Economic Committee in the company.
When the procedure concerns fewer than 10 employees over a 30-day period, a pre-dismissal interview is generally required. For larger collective economic dismissals, specific rules apply, particularly regarding information and consultation of the CSE.
The purpose remains the same: to allow the employee to understand the situation, obtain explanations and know what may happen next.
How is the employee invited to a pre-dismissal interview?
Before the meeting, the employer must send or hand over a notice to attend a pre-dismissal interview. This document specifies the date, time, place and purpose of the meeting.
The notice must also inform the employee of their right to be assisted. This is an important point, as the employee must be able to organise themselves before the scheduled date.
How should the notice be sent?
The notice may be sent by registered letter with acknowledgement of receipt or handed over in person against signature.
These methods make it possible to prove that the employee was properly informed. This proof is important because it helps verify compliance with the minimum period between the notice and the date of the interview.
Oral information alone is not enough to secure the procedure. To avoid disputes, the employer must be able to prove the date on which the employee received, or was presented with, the notice.
What must the notice letter contain?
The notice letter must clearly state that the employer is considering a dismissal measure. It must also specify the date, time and place of the meeting.
It must mention the employee’s right to be assisted. When the company has employee representatives, the employee may be accompanied by someone from within the company. If there are no employee representatives, the employee may be assisted by someone from the company or by an employee adviser.
The notice must be clear enough to allow the employee to understand the purpose of the meeting and prepare their response.
What is the deadline between the notice and the pre-dismissal interview?
The interview cannot take place immediately after the notice is issued. The employer must respect a minimum period of 5 working days between the presentation of the registered letter, or the hand-delivery of the notice, and the date of the meeting.
The day on which the notice is presented or handed over does not count in this period. The day of the interview does not count either.
This period allows the employee to prepare their arguments, gather documents and find someone to assist them if they wish.
Who can assist the employee during the pre-dismissal interview?
The employee has the right to be assisted during the interview. This possibility must be mentioned in the notice letter.
The person present may help the employee prepare for the exchange, take notes, ask for clarification or add to certain statements. Their role is not to replace the employee, but to support them during what is often a sensitive moment.
Being assisted by someone from the company
The employee may be assisted by a person belonging to the company’s staff. This may be an employee representative, a member of the Social and Economic Committee or another employee of the company.
It is preferable to choose someone trustworthy, able to remain objective and understand what is at stake during the meeting.
This person may speak during the exchange, without turning the interview into a confrontation. Their main role is to help the employee put forward their position and keep a clearer record of what was said.
Calling on an employee adviser
When there are no employee representatives in the company, the employee may call on an employee adviser. This is a person from outside the company who is listed on an official register.
The adviser may assist and accompany the employee during the interview. They may speak, ask the employer for explanations, add to the employee’s comments and present observations.
The employee must contact the adviser in advance and provide them with the date, time and place of the interview. In practice, it is best to do this quickly after receiving the notice.
Can you attend a pre-dismissal interview with a lawyer?
A lawyer is not one of the people provided for by the French Labour Code to assist an employee during a pre-dismissal interview.
The employee may be accompanied by someone from the company or, where the conditions are met, by an employee adviser.
However, if there is any doubt about the procedure, the facts alleged or the risk of dismissal, the employee may seek advice from a lawyer before or after the interview, especially if they are considering challenging the dismissal.
What happens during a pre-dismissal interview?
On the day of the meeting, the employer receives the employee and, where applicable, the person assisting them. The discussion must allow the employer to present the reasons behind the decision being considered, then give the employee the opportunity to respond.
The law does not set a specific duration. The interview must simply allow for a genuine exchange, with enough time to understand the allegations, ask questions and present observations.
What the employer must explain
The employer must present the reasons why they are considering dismissal. Depending on the situation, they may refer to specific facts, a professional situation, alleged behaviour, underperformance, unfitness for work or an economic reason.
These explanations must enable the employee to respond usefully. If the facts mentioned are unclear, the employee may ask for details. If certain points are incomplete or inaccurate, the employee may correct them during the meeting.
The interview must not be a simple announcement. The employer must listen to the employee’s explanations before deciding what action to take next.
What the employee can say
The employee may present their version of events, provide context and submit useful information. They may also acknowledge certain points while explaining the circumstances, or challenge allegations they consider unfounded.
It is best to remain calm and factual. Even if the exchange is difficult, the aim is to respond point by point with concrete information.
The employee can prepare in advance the topics they wish to raise so they are not caught off guard. They may also bring useful documents, such as written exchanges, supporting documents, schedules, objectives or reports.
Is the employee required to attend the pre-dismissal interview?
The employee is not required to attend the pre-dismissal interview. Their absence does not, in itself, constitute misconduct.
However, if the employee does not attend even though the notice was sent or handed over correctly, the employer may continue the procedure and make a decision without this exchange.
In most cases, it is therefore preferable to attend the meeting. This exchange makes it possible to understand the reasons given, respond to the allegations and put forward arguments. Not attending often means allowing the procedure to move forward without giving your version of events.
Can a pre-dismissal interview be postponed?
The employee may request the postponement of the pre-dismissal interview, for example due to a health issue, a major unavailability or difficulty finding someone to assist them.
It is recommended to make this request quickly and in writing. This makes it possible to keep a record and clearly explain the reason for the postponement.
However, the employer is not automatically required to accept. It depends on the situation, the reason given and the applicable deadlines. If the employee cannot attend, they should therefore inform the employer as soon as possible.
What happens after a pre-dismissal interview?
After the interview, the employer cannot send the dismissal letter immediately. They must respect a minimum reflection period before notifying their decision.
Several outcomes are possible. The employer may decide not to proceed with the dismissal, choose another measure or confirm their decision. If the dismissal is maintained, it must be notified by letter.
What is the legal deadline for dismissal after the pre-dismissal interview?
The employer must wait at least 2 working days after the scheduled date of the interview before sending the dismissal letter.
This minimum period allows the employer to take into account the explanations given by the employee during the meeting.
For a non-disciplinary dismissal, the law does not set a general maximum period between the interview and the sending of the dismissal letter. However, for a disciplinary dismissal, the sanction cannot be notified more than one month after the date set for the interview.
What does the dismissal letter contain?
The dismissal letter must state the reason or reasons relied on by the employer. It is essential because it sets out the official grounds for the termination of the employment contract.
The employee should therefore read it carefully. If the reasons are unclear, they may request clarification under the conditions provided by the procedure.
If the employee believes that the dismissal is not justified or that the procedure was not followed, they may consider challenging it.
What should you do if the procedure is not followed?
If the employee believes that the dismissal procedure has not been followed, they should keep all documents relating to the interview: notice letter, envelope, proof of hand-delivery, exchanges with the employer, dismissal letter and any notes taken during the meeting.
An irregularity may concern the notice period, missing mandatory information, failure to respect the right to assistance or the dismissal letter being sent too quickly.
Depending on the situation, the employee may seek advice from an employee representative, an employee adviser, a legal professional or a lawyer. They may also bring the matter before the labour court if they wish to challenge the procedure or the grounds for dismissal.
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