Fired for Gross Misconduct: What Are My Rights?

This article applies to England, Wales and Scotland.

In brief: If you've been dismissed for gross misconduct, you still have rights. Your employer must have followed a fair disciplinary process and had reasonable grounds for their decision. You lose your right to notice pay, but keep your entitlement to accrued holiday pay and wages already earned. If the process was flawed or the decision disproportionate, you may have a claim for unfair dismissal.

Last updated: February 2026

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Being sacked for gross misconduct is one of the most stressful things that can happen in your working life. It often feels sudden, even if there were warning signs. You might feel angry, confused, or unsure what happens next — especially around pay, references, and your ability to find another job. The good news is that being dismissed for gross misconduct doesn't strip you of all your employment rights, and in many cases, the dismissal itself can be challenged.

This guide explains what happens when you're fired for gross misconduct, what you're still entitled to, and what you can do if you believe the dismissal was unfair.

What Happens When You're Fired for Gross Misconduct?

When your employer dismisses you for gross misconduct, they are treating your behaviour as a fundamental breach of your employment contract. This means they can end your employment immediately — without giving you your contractual or statutory notice period.

This is called summary dismissal. Unlike a standard dismissal where you would work your notice or receive pay in lieu of notice, summary dismissal means your employment ends on the day of the decision (or whenever your employer specifies).

Your employer should confirm the dismissal in writing, setting out the reasons and your right to appeal.

What You Lose

Notice pay. Your employer does not have to pay you for any notice period. Under section 86 of the Employment Rights Act 1996, employees are normally entitled to a minimum statutory notice period (1 week per year of service, up to 12 weeks). But where an employer can show there was a fundamental breach of contract justifying summary dismissal, this entitlement falls away.

Garden leave or pay in lieu. If your contract includes garden leave provisions or payment in lieu of notice, these typically don't apply following a gross misconduct dismissal.

What You Keep

Even after a gross misconduct dismissal, you retain several rights:

Entitlement	Details
Wages earned	Everything you worked for up to the dismissal date must be paid
Accrued holiday pay	Any untaken statutory holiday must be paid out in your final pay
Pension contributions	Employer contributions due up to the dismissal date must be paid
Right to appeal	Your employer must offer you a right to appeal the decision
Right to a reference	Your employer is not obliged to provide one, but if they do, it must be fair and accurate
Tribunal claim rights	You may be able to challenge the dismissal at employment tribunal

Your employer cannot withhold wages or holiday pay as a "punishment" for gross misconduct. If they do, this could amount to an unlawful deduction from wages.

Was Your Dismissal Fair?

A dismissal for gross misconduct is not automatically fair just because your employer says the behaviour was serious. Under section 98 of the Employment Rights Act 1996, an employment tribunal will consider two questions:

1. Did your employer have a genuine belief in your guilt, based on reasonable grounds, after a reasonable investigation?

This is sometimes called the Burchell test (after the leading case British Home Stores v Burchell). Your employer doesn't need to prove guilt beyond doubt, but they need to show they investigated properly and had reasonable grounds for concluding you committed gross misconduct.

2. Was dismissal within the range of reasonable responses?

Even if your employer reasonably believed you were guilty, they must show that dismissal was a proportionate response. Factors that matter include your length of service, any mitigating circumstances, your disciplinary record, and whether similar cases were treated the same way.

If your employer failed on either question — a flawed investigation, an unfair hearing, no right to appeal, or a disproportionate outcome — the dismissal could be found unfair.

Procedural Failures That Could Make Your Dismissal Unfair

Your employer must follow the ACAS Code of Practice on Disciplinary and Grievance Procedures. Failures that tribunals regularly pick up on include:

• No proper investigation before the disciplinary hearing
• Not telling you the full details of the allegation in advance
• Refusing to let you bring a companion to the hearing
• The person who investigated also making the dismissal decision
• Ignoring mitigating factors you raised
• No right to appeal, or the appeal being conducted by the same manager who dismissed you
• Inconsistent treatment compared with other employees in similar situations

If your employer unreasonably fails to follow the ACAS Code, a tribunal can increase your compensation by up to 25%.

Can I Claim Unfair Dismissal?

To bring an ordinary unfair dismissal claim, you currently need at least 2 years' continuous service with your employer. From January 2027, this qualifying period reduces to 6 months under the Employment Rights Act 2025.

No qualifying period applies if the dismissal was automatically unfair — for example, if the real reason for dismissal was related to whistleblowing, pregnancy, trade union activity, or asserting a statutory right.

You can also bring a wrongful dismissal claim regardless of length of service. This is a contract claim arguing your employer didn't have sufficient grounds to dismiss without notice. Wrongful dismissal claims can be brought in the employment tribunal (for claims up to £25,000) or the civil courts.

Time Limits for Making a Claim

The time limit for most employment tribunal claims is 3 months minus 1 day from the effective date of termination. You must contact ACAS to start early conciliation within this period. ACAS conciliation can last up to 12 weeks, and this time doesn't count towards your deadline.

From October 2026, the primary time limit for most claims is expected to extend to 6 months under the Employment Rights Act 2025.

Don't wait to see if you feel differently later. These deadlines are strict, and late claims are rarely accepted.

What About References and Future Jobs?

A gross misconduct dismissal does not appear on any public register or criminal record (unless the conduct itself was criminal). Your former employer does not have to volunteer the reason you left.

If they give a reference, it must be accurate and not misleading. Many employers now provide only basic factual references — confirming job title, dates, and sometimes salary — to avoid disputes. They cannot give a deliberately misleading positive reference either, but in practice, short factual references are the norm.

In job applications, you are not legally required to disclose that you were dismissed for gross misconduct unless specifically asked. If asked, be honest — being caught lying is far more damaging than explaining the circumstances.

What To Do Next

If you've been fired for gross misconduct:

• Use the appeal process. This is your first and most immediate opportunity to challenge the decision. Raise any procedural failures, present additional evidence, and explain any mitigating factors.
• Get your paperwork. Request a copy of the investigation report, the notes from your disciplinary hearing, and the dismissal letter. You're entitled to these.
• Check your final pay. Make sure you receive all wages owed, accrued holiday pay, and any pension contributions due.
• Get advice. If you believe the dismissal was unfair, speak to a solicitor, your trade union, or Citizens Advice about your options. Act quickly — time limits are tight.

Important: This guide provides information about UK employment law. It is not legal advice. Every situation is different. If you've been dismissed for gross misconduct, consider speaking to a solicitor for advice specific to your circumstances.

Frequently Asked Questions

Can I be sacked for gross misconduct without a hearing?

Your employer should not dismiss you without holding a disciplinary hearing first. The ACAS Code of Practice requires a proper process — investigation, hearing, decision, and right to appeal — even for serious allegations. Dismissing without a hearing significantly increases the risk of a successful unfair dismissal claim.

Do I get a P45 after gross misconduct dismissal?

Yes. Your employer must issue your P45 regardless of the reason for dismissal. This document records your tax information and is needed when you start a new job or claim benefits. It does not state the reason you left.

Can I claim benefits after being dismissed for gross misconduct?

You can apply for Universal Credit, but there may be a sanction period if the Department for Work and Pensions decides you lost your job through misconduct. This varies by case. Explain the circumstances honestly when you apply.

What if I was accused of gross misconduct but I didn't do it?

If your employer dismissed you based on an inadequate investigation or without reasonable grounds for believing you were guilty, this could make the dismissal unfair. Gather any evidence that supports your version of events and consider whether to bring a claim. The tribunal doesn't decide whether you actually did it — only whether your employer's decision was reasonable based on the investigation they carried out.

Can I negotiate a settlement instead of being dismissed?

Sometimes. In some cases, an employer may offer a settlement agreement, either before or after a disciplinary process. This typically involves a payment in exchange for you agreeing not to bring tribunal claims. You'd need independent legal advice before signing. Read more about without prejudice conversations.

Is gross misconduct the same as criminal behaviour?

Not necessarily. Gross misconduct is a workplace concept, not a criminal one. Something can be gross misconduct without being a crime (serious insubordination, for example). And criminal conduct outside work may not amount to gross misconduct unless it directly affects your employment.

Sources

1. "Code of Practice on Disciplinary and Grievance Procedures", ACAS — https://www.acas.org.uk/acas-code-of-practice-on-disciplinary-and-grievance-procedures
2. "Dismissal: Your Rights", Gov.uk — https://www.gov.uk/dismissal
3. Employment Rights Act 1996, Section 98 (Fair reasons for dismissal) — https://www.legislation.gov.uk/ukpga/1996/18/section/98
4. Employment Rights Act 1996, Section 86 (Notice periods) — https://www.legislation.gov.uk/ukpga/1996/18/section/86
5. "Disciplinary Procedure Step by Step", ACAS, 2025 — https://www.acas.org.uk/disciplinary-procedure-step-by-step
6. "Employment Rights Act 2025", ACAS — https://www.acas.org.uk/employment-rights-bill
7. "Understanding Your Pay: Deductions", Gov.uk — https://www.gov.uk/understanding-your-pay/deductions-from-your-pay