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Employment Law - Summary Dismissal

Summary dismissal are often over-dramatised but do represent a serious option for employers who face an employee that has committed a gross misconduct. This might include dishonesty or gross negligence but to understand this area thoroughly we need to examine the case law, The standard is that of a reasonable person so employees are not expected to be saints and the conduct of an employer is a factor (Wilson v Racher [1974]). Certain professions or contracts may make explicit what constitutes gross misconduct and this is an important source of information. Starting a rival business will not necessarily constitute misconduct (Laughton & Hawley v Bapp Industrial Supplies Ltd [1986]) but there is a duty to act in good faith and in the employer’s best interests (Marshall v Industrial Systems & Control Ltd [1992]). For cases of gross neglect the focus is on the actions of the employee rather than the consequences of their actions; Savage v British India Steam Navigation Co (1930). A relevant factor is the seniority of the employee. Strikes and other forms of related industrial action are also likely to be grounds for summary dismissal.