Jurisdiction(s):
United Kingdom

Key definition

Summary dismissal definition

What does Summary dismissal mean? Summary dismissal is the termination of employment without notice or pay in lieu of notice (PILON) because the employer asserts gross misconduct amounting to a repudiatory breach of contract. It is often implemented immediately (for example, removing the employee from the workplace), but this does not remove the need for a fair investigation and an opportunity for the employee to respond; skipping a hearing is high‑risk. The term is not generally defined in legislation; it derives from contract and case law. In England & Wales and Scotland, section 86(6) Employment Rights Act 1996 preserves the right to dismiss without notice where...

Summary dismissal appeal: bail bars witness contact—proceed/adjourn?

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Q&As

Unfair dismissal—conduct and procedure

Where an employee pursues an unfair dismissal claim, the onus lies with the employer to demonstrate a fair reason for ending employment. Conduct is one of the potentially fair grounds, but a fair process must also be observed. Ultimately, it needs to be established that dismissal is an appropriate and fair sanction.

The Acas Code of practice on Disciplinary and Grievance Procedures imposes duties on both employers and employees to follow its provisions, with possible sanctions for non-compliance. It describes the standard of reasonable behaviour expected in most situations. For further guidance, see the following Practice Notes:

Dismissing fairly for conduct reasons
Reason for dismissal—conduct
Reason for dismissal—general, in particular section: Potentially fair reasons
Acas disciplinary and grievance code—procedural requirements

Under the Acas Code of Practice, certain actions—labelled gross misconduct—are so serious in themselves, or carry such serious consequences, that they may justify dismissal without notice even for a first offence. However, a fair disciplinary process should always be undertaken before dismissing for gross misconduct...

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Web page updated on 27/05/2026

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