Disciplinary, Dismissal & Grievance Procedures

Guidance for employers

Instant dismissal

It is almost always unfair to dismiss an employee without first making any investigation of the circumstances. However in very rare cases it has been known for tribunals to rule that an instant dismissal was fair because the circumstances made an investigation unnecessary. For example an employee who engaged in serious misconduct in front of witnesses and there was no likely explanation or mitigating circumstances. In these rare circumstances, the Regulations allow an employer to move directly from the written statement to the appeal without having to hold a hearing. So it is a two-step procedure. You must follow these two steps or the dismissal is automatically unfair.