Employment Law Advisors

Dismissed for serious misconduct? Even that needs a genuine reason and a fair process.

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Serious misconduct is one of the few grounds that can justify dismissal without notice or a lengthy process, but it's a genuinely high bar, and employers sometimes get it wrong, either by dismissing summarily when the conduct doesn't really meet that bar, or by skipping a fair investigation first.

This might be your situation if

  • You've been summarily dismissed (no notice) over an allegation.
  • You weren't properly investigated, or given a real chance to respond, before the decision.
  • You dispute the facts of what you're accused of.
  • The conduct alleged doesn't seem serious enough to justify dismissal without any process.

If you're still going through an investigation and haven't been dismissed yet, it's worth getting advice now, before your next interview or written response, not after a decision is made.

Common questions

Conduct serious enough to justify dismissal without notice, things like theft, fraud, violence, or a serious, deliberate breach of a lawful and reasonable instruction. A single mistake or a minor policy breach usually doesn't meet this bar.

That's central to a lot of these cases. Even where misconduct is alleged, your employer needs a genuine, evidence-based reason, not just an accusation, and you should have had a real chance to respond before the decision was made.

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Tell us what's happened and we'll connect you with the right employment lawyer or adviser.

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Takes about two minutes. No long intake form, the detail comes later, once a real adviser is involved.

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