When an employee does something indefensible, our clients often call us and ask ‘Can you sack someone on the spot?’ While you may feel that the employee’s actions justify the immediate termination of their contract of employment, you must exercise extreme caution when considering this course of action.
Call us now on 01491 598 600 or Click Here to Make An Enquiry and we will be delighted to help you.
What Is Sacking Someone On The Spot?
When you decide to terminate somebody’s employment with you, you are usually legally obliged to provide them with notice. Some contracts of employment specify the employee’s notice period. If an employee’s contract does not contain provisions dealing with notice, the employee has statutory rights. The minimum notice periods in the UK are as follows:
- Where an employee has worked for your organisation for between one month and two years, they are entitled to one week’s notice.
- Where an employee has worked for your organisation for between and two and twelve years, they are entitled to one week’s notice for each full year’s service.
- Where an employee has worked for your organisation for twelve years or more, they are entitled to twelve weeks’ notice.
Say, for example, an employee has worked for your organisation for six years and five months. In this case, they are entitled to a notice period of 5 weeks.
Terminating an employee’s contract of employment without notice or payment in lieu of notice is referred to in law as ‘summary dismissal’. While summary dismissal can be lawful in some situations, it is vital that you still follow a fair procedure. If you do not, you will be exposed to potential tribunal proceedings for unfair dismissal.
What Types Of Situations Can Justify Summary Dismissal?
It is impossible to give a definitive list of the types of conduct that might justify the summary dismissal of an employee. Everything depends on the circumstances and any guidelines or policies your organisation has in place.
Summary dismissal usually arises in the context of gross misconduct. Gross misconduct is where an employee does something so serious that the trust between them and the employer is irreparably damaged.
Examples of the types of actions that might justify a summary dismissal include the following:
- An employee being violent or threatening violence.
- An employee acting indecently.
- An employee being intoxicated while at work.
- An employee committing theft or fraud against their employer.
- Serious insubordination on the part of an employee.
- Racial or sexual abuse on the part of an employee.
If an employee commits gross misconduct, an employer may be justified in dismissing them without notice. However, the law requires you to follow a fair disciplinary process first.
What Process Should You Follow Before Dismissing Someone For Gross Misconduct?
Even when you consider that an employee’s conduct justifies sacking them on the spot, you must still follow a fair procedure.
If your organisation has procedures in place for disciplinary matters, you must follow them. If it does not, you must, at a minimum, follow the procedure detailed in the ACAS Code of Practice. In brief, that procedure is as follows:
- Investigate the matter thoroughly. This might involve speaking with other employees who witnessed the event and collating and reviewing any available evidence.
- Hold a disciplinary hearing. The hearing must be fair and impartial, and the employee must be allowed to put forward their version of events.
- After the hearing, you should weigh up the evidence and decide whether the employee’s actions amount to gross misconduct. If it does, you may dismiss the employee without notice. You should inform the employee of your decision in writing and explain that they have a right of appeal.
In particularly severe cases, such as if the employee was acting in a threatening manner, you may be entitled to suspend them pending the outcome of your investigations. You should only do so where you have no alternative, though. It is vital that you take expert advice from HR consultants like ours before doing so to ensure that the circumstances warrant a suspension.
How Can We Help?
If you do not follow a proper disciplinary procedure, you may find yourself in the unpalatable position of being sued for unfair dismissal by an employee whose conduct was completely unacceptable. While you may be entitled to suspend an employee while you investigate their behaviour, you should seek guidance from experienced HR consultants before doing so. At GAP HR, we specialise in assisting small and medium-sized organisations like yours to navigate particularly difficult situations such as these. Offering pragmatic and commercially-focused advice, we will devise a strategy to address the issues you face within the remit of HR and employment law.
Call us now on 01491 598 600 or Click Here to Make An Enquiry and we will be delighted to help you.
