Summary dismissal is the termination of an employment contract by the employer without giving notice or payment in lieu of notice . There needs to be gross misconduct or other fundamental breach of contract on the part of the employee for the employer to be able to do this lawfully – otherwise the dismissal will be in breach of contract . In any other situation, in order to bring employment to an end, the employer will need to give notice (or pay in lieu of notice) as required by the contract of employment.

Summary dismissal should therefore be distinguished from dismissal with notice. Either way, the dismissal will need to be fair and reasonable in order to avoid potentially liability for unfair dismissal.

If notice is not given but should have been, the employee will have a claim for wrongful dismissal.

Published in…

Updates: For employers: Unfair and constructive dismissal | For employees: Unfair dismissal |
Tagged with: Unfair dismissal |

Share this definition on

Other employment law terms

  1. ACAS Early Conciliation
  2. Adoption appointments
  3. Adoption leave
  4. Alternative dispute resolution
  5. Ante-natal care
  6. Apprenticeship
  7. Basic award
  8. Calderbank offer
  9. Collective consultation
  10. Compensatory award
  11. Compromise agreement
  12. Constructive dismissal
  13. Contract of employment
  14. Disciplinary hearing
  15. Discrimination
  16. Employee shareholder
  17. Employment tribunal
  18. ETO reason
  19. Flexible working requests
  20. Grievance
  21. Gross misconduct
  22. Harassment
  23. Industrial action
  24. Injury to feelings
  25. Maternity and parental rights
  26. Maternity leave
  27. Maternity pay
  28. Mediation
  29. Parental leave
  30. Paternity leave and pay
  31. Polkey deduction
  32. Pre-termination negotiations
  33. Protected characteristics
  34. Redundancy
  35. Restrictive covenants
  36. Settlement agreement
  37. Shared parental leave
  38. Staff handbook
  39. Statutory annual leave
  40. Strikes
  41. Study and training rights
  42. Sunday working
  43. Trade union
  44. TUPE
  45. Unfair dismissal
  46. Unlawful deductions
  47. Victimisation
  48. Whistle-blowing
  49. Without prejudice
  50. Working Time Regulations
  51. Written particulars
  52. Wrongful dismissal
  53. Zero hours contracts