Can an employee be dismissed without notice?

Gross misconduct encompasses a broad spectrum of behaviour that is considered so severe that it justifies immediate termination of employment without notice or payment in lieu of notice. Examples may include theft, fraud, violence, harassment or serious breaches of health and safety regulations. The key characteristic of gross misconduct is its serious nature, which directly impacts the employer’s trust and confidence in the employee. In this case the employer may reserve the right to terminate the employment contract without notice. This is called summary dismissal. 

While employers do have the right to dismiss employees for gross misconduct, they must first adhere to certain principles of procedural fairness including conducting a thorough investigation, providing the employee with an opportunity to respond to the allegations, and considering any mitigating factors before making a decision.

If the employee is dismissed following an investigation and hearing, there are still some contractual payments owed to the employee such as payment for hours worked to and including the dismissal date, any accrued but untaken holiday, and any outstanding expenses. Depending on the employee's contract they may also be entitled to some other benefits. 

If an employee believes they have been unfairly dismissed without notice for gross misconduct, they may have recourse to legal remedies. This could involve bringing a claim for wrongful dismissal or unfair dismissal before an Employment Tribunal. The tribunal will assess whether the employer’s decision to dismiss without notice was reasonable and whether the procedural requirements of fairness were met. The key point to note is that if the employee wishes to bring a claim for unfair or wrongful dismissal, they must (currently and as of 15 March 2024) have 2 years of continuous employment.

Call the specialist employment lawyer  

Magara law is an employment law firm in Bicester, Banbury and Paddington, London, and services clients nationwide. For more information or to speak with Roy Magara, a specialist employment lawyer at Magara Law, call 01869 325 883 or email roy@magaralaw.co.uk