What happens if I'm dismissed for misconduct?
Misconduct dismissals usually follow a strict procedure. If your employer didn't follow their own disciplinary policy or the ACAS Code of Practice, your dismissal could be 'Unfair'—even if you did something wrong.
1 The Typical Timeline
If you take no action, this is the standard statutory process. Timescales are approximate but typical for 2026.
Suspension?
You might be suspended on full pay while they investigate. This is not a punishment (yet). They must gather evidence before a hearing.
Disciplinary Meeting
You have the right to be accompanied by a colleague or union rep. They present evidence; you give your side. They shouldn't decide on the spot.
Dismissal Letter
If dismissed, check if it is 'Summary' (Gross Misconduct, no notice pay) or 'With Notice' (Ordinary Misconduct).
Tribunal Deadline
This is the STRICT deadline to start an Early Conciliation claim with ACAS if you want to sue for Unfair Dismissal.
2 Free Calculators & Checks
Was it Gross or Ordinary misconduct? This affects your right to notice pay.
Misconduct Severity Check
Was it 'Gross' or 'Ordinary' misconduct? This determines if you get notice pay.
Don't miss the deadline. The clock is ticking from your last day of employment.
Tribunal Deadline Countdown
You have a very short window to start a claim (Early Conciliation). If you miss it, you lose your right to sue.
Gross vs Ordinary Misconduct
Gross Misconduct (theft, violence, serious safety breach) means you can be fired instantly without notice pay.
Ordinary Misconduct (lateness, minor insubordination) usually requires a series of warnings (Verbal -> Written -> Final) before dismissal.
Summary of Options
Appeal Immediately
Always appeal the decision internally first. If you don't, any compensation you win at a Tribunal later could be reduced by 25%.
Check ACAS Code
Did they investigate? Did they give you a hearing? Did they let you bring a companion? If not, the dismissal is likely 'procedurally unfair'.
Ask for 'Agreed Reference'
Sometimes you can agree to leave quietly if they give you a neutral reference, rather than one that says 'Dismissed for Gross Misconduct'.
Common Questions
Do I get my notice pay?
Only if it is 'Ordinary Misconduct'. If it is 'Gross Misconduct', they can fire you without notice (Summary Dismissal). You still get paid for work done up to that moment and untaken holiday.
Will it show on my reference?
It can. Employers must be truthful. If asked 'Reason for leaving', they can say 'Dismissed'. Many large companies only give dates, but they are allowed to say more.
Can I claim Unfair Dismissal?
Only if you have worked there for 2 years or more (unless it's discrimination). Even with 2 years service, you must prove the dismissal was unfair or the procedure was flawed.
Official Sources & References
Related Situations
Other guides accurately explaining what happens next in work & employment .
What happens if I'm made redundant?
Being made redundant is a legal process with strict rules about your payout and notice. You are likely entitled to statutory redundancy pay and key protections.
What happens if I quit my job without notice?
Leaving without notice (breach of contract) allows your employer to deduct extra costs from your final pay. However, they cannot force you to work, and bad references are less common than you think.
What happens if I fail probation at work?
Failing probation usually leads to dismissal. Because you have served less than 2 years, you generally cannot claim 'Unfair Dismissal', but you ARE entitled to notice pay and accrued holiday.