Does instant dismissal mean I can sack someone on the spot for gross misconduct?

No. Where allegations of gross misconduct arise these should be properly investigated and the individual taken through a fair disciplinary process. If this does not happen then there is a real risk that what would have been a fair dismissal is turned into an unfair dismissal by the lack of process followed. This may mean an employer being on the wrong end of an unfair dismissal claim in the Employment Tribunal, even though the individual had committed gross misconduct.

For all disciplinary matters (not just instances of gross misconduct) it is essential that a proper process is followed. The disciplinary process broadly involves:

• Conducting an investigation
• Inviting the employee to a meeting, setting out the allegations against them, see:

D4: Invitation to disciplinary meeting: potential written warning

D5: Invitation to disciplinary meeting: potential final written warning

D6: Invitation to disciplinary meeting: potential dismissal following previous warnings

D7: Invitation to disciplinary meeting: potential dismissal for gross misconduct

• Hold the meeting with the employee and see what they have to say, see:

D18: Guide to conducting disciplinary meetings

• Decide on an appropriate sanction, confirming this in writing, see:

D10: Written warning

D11: Final written warning

D12: Dismissal with previous disciplinary warnings

D13: Gross misconduct dismissal

D14: No further action

• If someone exercises their right of appeal then invite them to an appeal meeting, see:

D8: Invitation to appeal meeting

• old the appeal meeting and decide on an outcome to the appeal:

D19: Guide to conducting appeal meeting

D15: Appeal outcome letter