The complete HR guide to summary dismissal

Data reported by the Ministry of Justice for 2025 suggests that there has been a rise in dismissals and associated employment tribunal claims.

When an employee and employer’s relationship becomes strained, or an employee's actions are too severe, continued employment may no longer be an option. But as an HR professional, it’s important to understand your rights as an employer and your employees’ rights when following the correct protocols and procedures for summary dismissals.

In this guide, we take you through what summary dismissals are and how to minimise your company’s legal risks.

What is a summary dismissal?

A summary dismissal (also known as an instant dismissal) is the immediate termination of an employee due to their gross misconduct. Because of this, summary dismissals can be more delicate than other offboarding situations.

Because summary dismissals are immediate, with no notice period or payment for notice, it’s important to get the process right and treat it as a last resort—when an employee’s actions make an employment relationship impossible.

Can I give immediate dismissal without notice?

With a summary dismissal, the employer doesn’t always have to give an employee notice. It’s important to outline the possible grounds for summary dismissal in the employee handbook and employment contracts. If these steps aren't taken, an employee could argue that they had no reason to believe their actions would result in termination.

As an employer, you'll need to show a valid reason that you can justify for dismissing an employee without notice and demonstrate that you have acted reasonably in those circumstances. Be wary of treating employees less favourably or punishing an employee for something you let another employee retain employment for. Consistency is essential, as is fully investigating the situation before dismissal.

What are the consequences of a summary dismissal?

With a summary dismissal, there are severe consequences for the employee, as it’s not to be taken lightly. If your investigation has concluded that employment must be terminated immediately, the summary dismissal will result in the following:

• Termination of employment. Termination of employment is just like it sounds—it’s the end of an employee’s contract with you, whether by resignation, redundancy, contract expiry, or, in this instance, summary dismissal.
• Loss of any employment benefits. Employment benefits at risk of forfeiture include holiday pay, bonuses, commissions, and even health care or other benefits. This could have significant implications for your employee and should be communicated to them.
• Removal of notice pay. When an employee gives their notice at a job, they may receive notice pay. However, if an employee is summarily dismissed, you, as an employer or representative, may lawfully refuse to pay notice pay.

Most companies will serve their employees with a termination letter, which is a formal notice.

What are fair reasons for a summary dismissal?

There are many fair and legal reasons for an employee’s summary dismissal. It’s important to recognise these reasons to ensure you’re dismissing someone appropriately. These include, but aren’t limited to:

• Working while under the influence of substances, such as alcohol or drugs
• Serious or reckless disregard of health and safety regulations
• Substantial insubordination, classified as gross misconduct
• Gross negligence, a conscious or voluntary disregard of even slight diligence
• Harassing, discriminating, or being violent against a fellow employee, client, or customer
• Intentional damage or misuse of company property
• Theft of belongings, or of sensitive corporate, client, or customer data/information.

There may be other behaviours deemed fair reasons for summary dismissal, such as disregarding security protocol or tarnishing an employer’s reputation. In all cases, you should perform a thorough investigation, even in light of serious offences.

When is a summary dismissal unlawful?

Summary dismissal is usually unlawful if there’s no gross misconduct involved, or if you, as the employer, fail to commit a thorough and fair investigation, whatever the reason. When engaging in the process of a summary dismissal, it’s important not to be hasty or biased. You should also follow the ACAS Code of Practice, which sets the standard of fairness employers should follow.

There are many behaviours or incidents you can’t summarily dismiss an employee for, such as:

• regularly showing up to work late
• having too many absences
• not taking care of personal hygiene needs
• having a distracting personal appearance
• performing substandard work
• joining a trade union
• requesting flexible working
• refusal to surrender working time rights.

There are avenues an employer can take to tackle these issues before attempting a summary dismissal and risking wrongful termination.

For example, if your employee’s performance is substandard, you could implement a performance improvement plan (PIP). PIPs must be implemented with a genuine intent for aid and improvement. For dress code infractions, advise team members of your Employee Handbook and polices. If absences are an issue, have an honest conversation and see if there’s anything you can do to assist them, or if other problems are impacting their attendance. Even if employee misconduct is the issue, you may be able to implement disciplinary actions first.

If an employee is the victim of unfair dismissal, they have options, such as contacting an employment tribunal. To do your best for your company and the employee, you should ensure you follow the correct procedures.

What are the procedures for a summary dismissal?

We’ve all witnessed the outrage, “You’re fired!” that punctuates scripts on the big screen, but summary dismissal rarely happens on the spot. It may be high drama, but that’s not what you want in the workplace, and it’s not something that should be done lightly. In reality, there are procedures for conducting a summary dismissal correctly, to ensure it’s fair.

Here are some steps you should follow to remain compliant:

• Set out your disciplinary and dismissal rules and procedures in writing, as failure to do so could result in a tribunal seeking employee compensation.
• Define gross misconduct early, and be transparent about the reasons for the summary dismissal.
• Genuinely believe, and be able to prove with evidence, that gross misconduct was carried out, and the reason is fair.
• Allow your employee to appeal the summary dismissal – while this isn’t a right, the ACAS Code of Practice provides a framework for doing so.
  • This is known as “the right to appeal.”
• Carry out any appeals with respect and without bias, whether successful or not.
• Follow the relevant procedures that you laid out.
• Perform a sufficient investigation and obtain statements from any witnesses.
• Invite the employee to a disciplinary/dismissal hearing and allow them to be accompanied by a person of their choice.
  • This could include an HR rep, a union rep or official, or a work colleague. Some companies may allow Citizens Advice or family.
• Listen to the employees' views and reasons throughout your investigation and in the later stages of the dismissal process.
• Only make your final decision after the dismissal/disciplinary hearing, as deciding before then could appear biased or prejudiced. The final decision should be impartial, based on the evidence collected and the final meeting.

Note: Reasonableness may be difficult in some situations, and it is difficult to define by law. These are things that tribunals may look at when assessing your case.

Summary dismissal FAQs

Still got a question about summary dismissals? Check below for some of the most common questions people ask about dismissals and their processes.

What are the different types of dismissals?

HR professionals should understand the differences between types of dismissal to avoid unlawful treatment, ensure compliance, and maintain positive relations with employees.

Here are some of the key dismissal terms you should know:

• Fair dismissal: This type of dismissal is when an employee is dismissed for a fair and justifiable reason, such as repeated poor performance or insubordination. Procedures include performance plans to assist the employee first.
• Unfair dismissal: If a termination violates an employee’s rights, fails to provide a fair reason, or fails to follow the protocol, this could result in unfair dismissal.
• Constructive dismissal: Sometimes, an employee can feel “pushed out” by an employer through bullying or harassment, pay discontinuation, removal from work, or a breach of their agreed-upon hours.
• Wrongful dismissal: This may sound like unfair dismissal, but wrongful dismissal pertains to the employer breaching their contract. This could be terminating a fixed-term contract early or giving the employee an incorrect notice period.
• Voluntary redundancy: Sometimes, a business may request that an employee leave their job, often during a period of redundancy, with a financial incentive.

Dismissal vs. summary dismissal: What's the difference?

The main difference between a dismissal and a summary dismissal is that a regular dismissal includes giving the employee a notice period (or pay in lieu of notice). In comparison, summary dismissal is effective immediately, without notice or pay in lieu of notice, but a fair investigation process must be adhered to.

What risks are associated with summary dismissals?

Summary dismissals can be tense and stressful for both employee and employer, especially if either party feels wronged. However, the two biggest concerns are data security issues, such as intentional data theft or mishandling of an employee’s departure. Other concerns could include unfair or wrongful dismissal claims, which could lead to lawsuits, financial penalties, and even reputational damage.

What’s the difference between dismissal and redundancy?

The main difference between dismissal and redundancy is that dismissal is based on the employee’s actions, such as misconduct or poor performance. Redundancy is when an employee loses their job as the role is no longer required.

Know how to handle summary dismissals to stay compliant

Having a clear idea of what steps to follow and how to handle summary dismissals can make things easier should you ever need to carry one out. While you may hope that you’ll never need to fire any members of your team, these things can happen so it’s best to be prepared.