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Ask Samantha / Discipline & conduct

Discipline & conduct

Can I dismiss someone for gross misconduct without notice?

Answered by Samantha Newton FCIPD, Chartered Fellow CIPD · Last reviewed August 2026

Yes. Gross misconduct can justify dismissal with no notice and no pay in lieu, which is called summary dismissal. But 'without notice' doesn't mean 'without process'. You still have to investigate, put the allegations to them, hold a hearing, let them respond, and offer an appeal before you decide.

The trap is thinking the label 'gross misconduct' settles it on its own. It doesn't. A tribunal looks at whether you investigated reasonably and whether dismissal was a reasonable response. Cut the process to move quickly, and even a genuine gross misconduct case can come back as an unfair dismissal claim.

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