Can I claim my notice if I have been dismissed for gross misconduct?

Usually in gross misconduct cases, you are dismissed without notice. This is also known as summary dismissal.

You will, however, still be able to claim the notice that you should have received if it is found your employer should not have dismissed you for gross misconduct or did not follow the correct process. This would form part of an unfair dismissal claim, assuming you have the qualifying 2 year period of service.

Alternatively, if you do not have the 2 year period of service, you could make a wrongful dismissal claim which would look at whether you actually committed a wrongful dismissal act in the first place. If you can show this, then you will have a claim for your notice, only.

Usually, there should be a suitable investigation of the circumstances surrounding the decision to dismiss for gross misconduct, and it may be that you are suspended from work (on full pay) pending such an investigation. Any suspension should be no longer than is necessary. You should also be given the opportunity to put your case.

Go to the main Gross Misconduct page

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