Dismissed on the spot after 10 years: no investigation, no appeal
A payroll clerk with a decade of service was dismissed on the same day an incident occurred, without any investigation or prior warnings. The tribunal awarded £10,384.50 for unfair and wrongful dismissal.
1 min read · Last updated 18 May 2026
Case details
- #informal-workplace
- #no-disciplinary-procedure
- #acas-code-uplift
- #last-straw-dismissal
- #no-investigation
Key facts
- The claimant was employed as a payroll clerk/bookkeeper from 3 September 2012.
- On 14 September 2022, an incident occurred where the claimant allegedly threw files down in the director's office.
- The respondent dismissed the claimant the same day for gross misconduct without any prior written warnings or investigation.
- The claimant had 10 years' continuous service with the respondent.
- The respondent admitted it did not follow the ACAS Code of Practice on disciplinary procedures.
- The claimant found a new job on 24 October 2022 but left after 4 days.
Timeline
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Employment started
Claimant began working as a payroll clerk/bookkeeper for the respondent.
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Incident and dismissal
Claimant allegedly threw files in director's office; director told claimant to 'take your things and go and find another job'. Claimant emailed to ask if dismissed.
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Dismissal confirmed
Respondent emailed claimant stating he was dismissed for gross misconduct, referencing previous behaviour.
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Appeal request ignored
Claimant requested an appeal; respondent did not arrange one and sent P45.
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New employment started
Claimant started a new job as a payroll clerk/bookkeeper at Blue Square Marketing.
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Left new job
Claimant left the new job because he did not like it.
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Claim presented
Claimant presented his claim for unfair and wrongful dismissal.
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Hearing
Substantive hearing at Watford Employment Tribunal before Employment Judge Young.
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Judgment issued
Tribunal found claimant unfairly and wrongfully dismissed; awarded £10,384.50 compensation.
The legal issue
The tribunal had to decide whether the employer acted reasonably in dismissing for gross misconduct without any investigation or disciplinary procedure, and whether the dismissal was wrongful (without notice).
The outcome
The tribunal found the claimant was unfairly and wrongfully dismissed. The respondent admitted it did not follow the ACAS Code of Practice and dismissed the claimant on the same day as the alleged incident, without any investigation or prior warnings.
Compensation:
- Basic award: £5,048
- Compensatory award: £2,812.50
- Wrongful dismissal award: £2,524
- Total: £10,384.50
Lessons & takeaways
- Even in small businesses, employees with long service are entitled to a fair disciplinary process, including investigation, a hearing, and a right of appeal.
- Dismissing an employee on the spot without any investigation is almost certain to be found unfair, regardless of the alleged misconduct.
- Ignoring a request for an appeal and sending a P45 instead can increase compensation and damage the employer's case.
A snap decision with lasting consequences
This case shows what happens when an employer acts on impulse rather than following proper procedure. The claimant, a payroll clerk/bookkeeper with 10 years' service, was told to 'take your things and go and find another job' after an alleged incident where he threw files in the director's office. The dismissal was confirmed by email the next day, citing gross misconduct and referring to previous behaviour that had never been formally raised.
What the employer did wrong
The respondent, Philips Accountants (Southgate) Ltd, admitted it did not follow the ACAS Code of Practice. There was no investigation, no disciplinary hearing, no opportunity for the claimant to respond to the allegations, and no appeal process. The tribunal noted that even if the incident had occurred, a reasonable employer would have suspended the employee pending an investigation, not dismissed them on the spot. The director's threat to make all staff redundant if the tribunal found against him did not help the respondent's case.
Why this matters
This case is a reminder that length of service matters. A 10-year employee is entitled to a fair process, and tribunals will scrutinise whether the employer's response was within the range of reasonable responses. The total award of £10,384.50 reflects the claimant's lost earnings and notice pay, but could have been higher if he had not found – and then left – another job after four days. The case also highlights that ignoring an appeal request can be treated as a further procedural failing.
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