An employee has been involved in an incident which may be considered to be gross misconduct that we think warrants immediate dismissal under the terms and conditions contained in the employment handbook. Is it possible to dismiss this employee without a disciplinary hearing given their alleged gross misconduct?

Posted in : First Tuesday Q&A NI on 4 July 2017
Chris Fullerton
Arthur Cox NI
Issues covered:

Often employers’ disciplinary procedures or employment contracts will provide circumstances that result in immediate dismissal without notice or pay in lieu of notice. Typically, these circumstances will include acts of gross misconduct. Despite the fact that such a provision seems to imply that a disciplinary procedure will not have to be undertaken, this is most certainly not the case. If an employee is dismissed without a proper investigation, disciplinary hearing or the opportunity for them to state their case, the employer leaves itself open to industrial tribunal proceedings.

In fact, even if a disciplinary procedure is followed you cannot be sure that it will be undermined by the

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Back to Q&A's This article is correct at 04/07/2017

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Chris Fullerton
Arthur Cox NI

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email

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