A summary dismissal is when an employer dismisses an employee without notice or without payment in lieu of notice.
This means that they are only paid up to the date of the dismissal and are not eligible to receive notice pay either statutory or contractual.
There are few circumstances in which an employer is able to summarily dismiss an employee and these instances usually amount to an act of serious or gross misconduct.
What amounts to gross misconduct?
Acts of gross misconduct at work may include:
- Intoxication at work;
- Inappropriate behaviour towards work colleagues;
- Putting other work colleagues at risk through health and safety issues.
Having said this, the employer must go through the necessary procedures in order to dismiss the employee.
Follow the correct procedures
They need to immediately suspend the employee on full pay. Following this, they must carry out a thorough investigation followed by a disciplinary hearing. They must also allow the employee to appeal if they are dismissed.
The employer should also consider whether or not it is in the range of reasonable responses to dismiss based on various factors.
If the employer does not carry out procedures correctly, then the employee may be able to claim for unfair dismissal.
Tom Street qualified as a solicitor in 2003 and has over 20 years experience in employment and litigation law. He studied law at the University of Manchester before undertaking the legal practice course at the College of Law in Guildford, going on to complete his legal training at a firm in Chancery Lane, London. Once fully qualified, he moved to a niche litigation practice in the City of London.
In 2010, Tom set up his own legal practice, Tom Street & Co Solicitors and as part of this, in accordance with his strongly held objective to provide everyone with an easy pathway to justice he established the online portals Do I Have A Case? and Tribunal Claim. These websites are trading names of Tom Street & Co Solicitors.