How to Sack Someone for Gross Misconduct UK: The Full Lawful Process

If an employee steals, assaults a colleague or commits a serious safety breach, the instinct is to remove them immediately. That instinct is understandable. Acting on it without a process will cost you. Employment tribunals award compensation based on what the employer did, not just what the employee did. A dismissed employee who was genuinely guilty can still win a tribunal claim if you skipped the steps.

What gross misconduct means in law

Gross misconduct is conduct so serious that it destroys the employment relationship and justifies dismissal without notice. The ACAS Code of Practice gives examples: theft, fraud, physical violence, serious insubordination, deliberate damage to property, and gross negligence that endangers health and safety.

There is no fixed legal list. What counts as gross misconduct depends on the nature of the business, the seniority of the role, and what your disciplinary policy says. A head chef removing food from the restaurant might be treated differently to a junior kitchen porter doing the same thing. A safety professional who ignores a risk might face gross misconduct where a new labourer would not.

Your own policy matters. If you dismiss someone for conduct your policy does not list as gross misconduct, a tribunal will question whether the sanction was proportionate. Keep your policy up to date and make sure staff know what it says.

The lawful process step by step

The Employment Rights Act 1996 and the ACAS Code of Practice both require a fair process before dismissal, even where the misconduct is not in dispute and not denied by the employee.

Step one: suspend on full pay. Where the allegation is serious, suspend the employee on full pay while you investigate. Put the suspension in writing immediately. State clearly that the suspension is a precautionary measure and is not a finding of guilt. Suspension without pay, or an instruction simply to "go home," creates a separate claim for unlawful deduction from wages.

Step two: investigate. Appoint an investigating manager who was not directly involved in the alleged incident and who will not chair the disciplinary hearing. Gather evidence: witness statements, CCTV footage, records, emails, timesheets. Interview the relevant people. Write up your findings. Share the investigation report with the employee before the hearing so they can respond to it properly.

Step three: invite the employee to a disciplinary hearing. Send a formal written invitation that sets out the allegation, the evidence you will rely on, the potential outcome including dismissal, and the employee's right to be accompanied by a trade union representative or a fellow worker. Give reasonable notice of the hearing date, generally at least 48 hours for a straightforward case.

Step four: hold the hearing. Present the allegation and the evidence. Give the employee the opportunity to respond to each point, call their own witnesses and ask questions. Do not announce your decision at the hearing itself. Adjourn and take time to consider everything properly before reaching a conclusion.

Step five: confirm the outcome in writing. If you decide to dismiss, set out the decision in a letter. Explain your reasons. State the last day of employment and whether you are paying notice or relying on the right to dismiss without notice. Include the right of appeal, who to appeal to, and the deadline for lodging an appeal, generally five working days.

Step six: handle the appeal. Every dismissed employee has the right to appeal. The appeal must be heard by a different person, where possible more senior, who was not involved in the original decision. Hold the appeal hearing and confirm the outcome in writing.

What summary dismissal actually means

Summary dismissal is dismissal without notice or payment in lieu of notice. It is available only where gross misconduct has been found through a fair process. It is not a shortcut to bypass the process.

If you dismiss summarily without following the steps above, you have two problems. The dismissal is likely to be unfair. You have also denied the employee their notice entitlement, which is a separate wrongful dismissal claim enforceable regardless of length of service.

What skipping steps costs you

Where a tribunal finds a dismissal procedurally unfair, it can award:

• →a compensatory award of up to one year's gross pay or £115,115, whichever is lower
• →a basic award calculated on age, length of service and weekly pay
• →an uplift of up to 25% where the ACAS Code was not followed

Most employers who lose gross misconduct cases at tribunal lose because of the process, not the underlying conduct. The employee's guilt is often not in dispute. The tribunal finds against the employer because a step was missed, the investigation was inadequate, or the employee was not given a proper chance to respond.

A full process, documented from suspension to appeal, takes a matter of days. The cost of defending a tribunal claim typically runs to between £5,000 and £15,000 in legal fees alone, before any award.

January 2027: the qualifying period drops

Currently, employees need two years of continuous employment before they can bring a standard unfair dismissal claim. Many small employers have operated on the assumption that dismissals within the first two years carry low risk. From 1 January 2027, the qualifying period drops to six months under the Employment Rights Act 2025. Any employee who has been with you for more than six months after that date can bring a tribunal claim if the process was not followed. The investment in a lawful process becomes non-negotiable.

Related guides

• →What counts as gross misconduct
• →Gross misconduct: can an employer dismiss for a first offence?
• →How to handle a disciplinary investigation
• →How to write a disciplinary letter
• →The right to be accompanied at a disciplinary hearing