Can I be sacked without a disciplinary hearing?

Summary dismissals – are they ever legal? 

Unfortunately, the answer to this question is yes. This dismissal is called a summary dismissal. Dismissal of this nature means your employer asks you to leave immediately without any notice period. 

What rules must my employer follow? 

Company rules and regulations will differ for each employer. The Employment Rights Act (1996)  clearly defines the laws and regulations that your employer must follow. They should be sure their dismissal action is reasonable and fair given the circumstances. Their decision must consider your rights and governing regulations. 

Being sacked without a disciplinary hearing might mean you’re entitled to receive money owed to you for work you have already completed. Your employer will also have to pay you accrued holiday pay and any outstanding expenses.   

We’ve looked at the basics of instant dismissal without a disciplinary hearing. However, your employer will usually allow you to state your version of events at an employment tribunal hearing or disciplinary hearing.  

Reasons for instant dismissal 

The reasons for your employer firing you without notice or a hearing will probably be given as gross misconduct. More common reasons for this include 

• Physical assault 

• Being under the influence of drugs or alcohol in the workplace 

• Theft 

• Sexually inappropriate behaviour 

• Causing a severe health and safety risk in the workplace  

Your employee handbook should clearly outline actions that can result in gross misconduct and immediate dismissal.  

Lack of awareness 

Perhaps you weren’t aware of the seriousness of your conduct and what the consequences would be. Maybe your employer hadn’t given you a copy of the employee manual or disciplinary policy. There could be other reasons which put you at a disadvantage. 

Your employer is responsible for ensuring all employees under contract are aware of the policies and regulations that affect them. 

There are grey areas regarding gross misconduct and subsequent termination of employment. These include 

• Prolonged or frequent absences 

• Poor timekeeping 

• Inadequate performance 

• Inappropriate personal presentation 

What if my employer got it wrong? 

If you’ve worked for your employer for two years, you have additional rights which protect you under the Equality Act 2010. In these situations, you can pursue a claim for unfair dismissal. You must prove your actions didn’t amount to gross misconduct or that you weren’t aware of your company’s policies.  

If you’re an employee with fewer than two years of service, you can still issue a case for unfair dismissal. The reasons for dismissal differ for an employee with two years of service or more, but if your dismissal –  

• Relates to a request for someone to accompany you to a disciplinary 

• Is in conjunction with an issue with the National Minimum Wage 

• Concerns a flexible working application 

• Follows a request for parental leave 

• Is the result of whistleblowing 

Your employer should attempt to meet you to discuss their view and intended action. This will give you the opportunity to put your side across.  

If your employer risks a claim for wrongful dismissal and you are successful in your claim, they can face a financial penalty. Such a claim can result in you receiving the money you would have received if you’d been given notice and allowed to work until the end of your contract. Failure by your employer to follow a fair process can result in a costly tribunal claim. 

Unfair Dismissal – specialist advice 

Being fired from your job without notice is a difficult situation to manage. Always take specialist advice to understand your position and option for further action. 

Call the specialist employment lawyer 

Magara law is an employment law firm based in Bicester, Banbury and Paddington, London, and services clients nationwide. For more information or to speak with Roy Magara, a specialist employment lawyer at Magara Law, call 01869 325 883 or email roy@magaralaw.co.uk.