Summary Dismissal
Dismissal of an employee without notice or notice pay, lawful only where the employee has committed gross misconduct — a single act, or pattern of conduct, serious enough to destroy the employment relationship.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Employees are normally entitled to a period of notice before dismissal, whether contractual or the statutory minimum. Summary dismissal is the exception: Acas guidance confirms that 'an employer can dismiss an employee without giving notice if it's because of gross misconduct. This is when an employee has done something that's very serious or has very serious effects.' Because it strips the employee of both the notice period and notice pay, employers are expected to exercise it only in clear-cut cases and, even then, 'the employer should always follow a fair procedure' before dismissing.
The practical consequences of a valid summary dismissal are immediate: Acas explains that when an employee is dismissed for gross misconduct, they 'leave immediately', 'do not have a notice period', and 'do not get paid notice pay.' If an employer summarily dismisses someone without the conduct actually amounting to gross misconduct, or without following a fair investigatory and disciplinary process, the dismissal is likely to be both wrongful (breach of contract for want of notice) and, depending on the employee's length of service, potentially unfair.
Related terms
Official sources
This explanation is drawn from the official sources below; every substantive statement is verified against them. For advice on a specific matter, see our find help page.