"Instant dismissal" or "summary dismissal" is the dismissal of an employee on the spot and without notice.

Normally an employee will be entitled to the notice period provided by his/her contract or to the relevant minimum statutory notice period if greater - see Notice Periods ). Only in exceptional circumstances, notably where an employee has conducted himself in a way which is so bad that it could be categorised as "gross misconduct", will dismissal without notice be justified. If instant dismissal is justified there is a specific exemption from any requirement to give notice (ERA 1996 s.86(6)). In such a case is not enough that the employer simply asserts that he was entitled to summarily dismiss the employee - in case of dispute there must be a factual finding by a tribunal to that effect (Ball v Prudential Corporation PLC, EAT on 1st February 1999).

If the dismissal is justified it will not be wrongful dismissal . It may however still be unfair dismissal and save in the worst cases normally will be if the employer has failed to consult/discuss (see Unfair dismissal/consultation ) or to implement appropriate procedures (see Disciplinary and Grievance Procedures - 2009 changes/a general note if the dismissal took place on or after 6th April 2009; if it took place before that date see Disciplinary and Grievance Procedures - 2009 changes/transitional provisions ).

See also Compensation .