There are certain instances when your business has the right to dismiss an employee. It may be necessary if the incident is particularly serious.
If this has happened to your business, what’s the legal stance you can take? This guide examines your options, as well as explaining when you should use ‘summary’ dismissal.
Immediate dismissal in the business world
You’ve likely seen it in a film or TV show—a troublesome staff member in a shouting match with a boss before getting frogmarched out of the building. But does it work like that in the real business world?
The best way to summarise summary dismissal is as a process where you decide to immediately terminate an employment contract. You’ll need viable reasons for instant dismissal, but it’s usually an option if there’s a serious breach of your business procedures.
Summary dismissal and gross misconduct are similar due to this. Reasons for the former include:
- Arriving to work under the influence of alcohol or drugs.
- Physically or verbally abusive behaviour.
A series of instances of minor misconduct can also add up to contract termination. There is a summary dismissal procedure you still have to follow, however. It’s not simply a case of demanding an employee leaves your premises.
If you don’t have the evidence available to support any acts of serious poor behaviour, then you must follow your normal business procedures.
That can include disciplinary actions. If you don’t do that, then an employee can claim for unfair dismissal. In turn, that can lead to an employment tribunal. But if you terminate their contract, the employee will leave your business without any notice—they’ll receive no pay in lieu of that.
Your employee’s rights
Summary dismissal in Ireland does provide employees with some rights. As mentioned above, you can’t simply remove them for your business without warning. You’ll need to justify your decisions and provide real evidence.
If it’s a serious act of gross misconduct, you must still make sure you can prove the staff member in question did it. The employee will likely request details about payments—again, they receive no notice or pay.
However, there's the issue of summary dismissal and holiday pay. Can your employee claim for any untaken holiday days? Yes. You’ll have to receive pay for any statutory leave that they can claim.
Need more help?
Misconduct can be a complex and stressful process. We can guide you through staff difficulties with expert advice. Call now on 0818 923 923 to speak with an expert.
