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Myth 6 - Summary Dismissal

Myth:

The expression “summary dismissal” for gross misconduct can be taken literally.

Fact:

The dismissal of an employee without notice on grounds of gross misconduct will ordinarily be held to be unfair if the evidence reveals that the employer did not first inform the employee of the allegations, thoroughly investigate them, give the employee an opportunity to refute them, and allow the employee to appeal.

Employers should, therefore, follow their disciplinary procedure before summarily dismissing an employee for gross misconduct.

The Code of Practice on Disciplinary & Grievance Procedures 2007 provides more information about conducting Disciplinary or Grievance Hearing. Whilst this isn't law as such the Employment Tribunal would expect employers to have followed it, if they were ever questioned.