Summary dismissal

It removes notice, not the need for proof

Summary dismissal is a possible response to gross misconduct serious enough to amount to a fundamental breach of the employment contract. It can end employment immediately without working notice or notice pay. The employee is still owed pay for work already done, accrued holiday and other sums due.

The Acas dismissal guidance says the employer should always follow a fair procedure. Investigate before deciding: a policy example, allegation or arrest does not establish that the employee committed gross misconduct.

Investigate before deciding

State the allegation precisely, preserve evidence and give the employee the information needed to answer it. Suspension may sometimes protect the investigation, but it should be necessary, kept brief and not treated as punishment.

Hold a disciplinary hearing, consider the employee's explanation and test whether the evidence supports both the finding and its seriousness. Consider consistency, circumstances and alternatives. Keep the investigator and decision-maker separate where reasonably practicable.

Confirm every consequence

Write with the conduct found, evidence, reason it justified summary dismissal, effective date, final payments and appeal route. Tell payroll which sums remain due instead of marking all pay as forfeited.

A summary dismissal can still be unfair if the reason or process is defective. It can be wrongful if the conduct did not justify withholding contractual notice. Preserve the policy, contract, evidence, minutes, decision and payment record so each question can be answered separately.