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?

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