Ending someone's employment without giving notice (or paying for it) is only lawful in limited circumstances. In England and Wales, dismissing without notice when you are not entitled to is a breach of contract (wrongful dismissal), and can also be unfair. Here is when "no notice" is allowed, and when it is not.
The default: notice is required
Employees are entitled to notice of dismissal. There are two layers:
- Statutory minimum notice (Employment Rights Act 1996, s 86): at least one week once the employee has a month's service, rising to one week per complete year of service up to a maximum of 12 weeks.
- Contractual notice, if the contract provides for a longer period, which then applies.
If you dismiss without giving the notice the employee is entitled to, that is generally a breach of contract.
When you can dismiss without notice: gross misconduct
The main exception is summary dismissal for gross misconduct, conduct so serious that it goes to the root of the contract (for example, theft, violence, serious dishonesty, or a serious safety breach). Here you may dismiss without notice or pay in lieu.
But "gross misconduct" is not a free pass. Even where the conduct may justify summary dismissal, you must still follow a fair procedure (investigate, put the allegations to the employee, hold a hearing, allow an appeal, in line with the ACAS Code) if the employee has the qualifying service for unfair dismissal protection. Skipping the process can make the dismissal unfair, even if the reason was sound.
Payment in lieu of notice (PILON)
Instead of having the employee work their notice, you can pay them for it, payment in lieu of notice. But you can only do this cleanly if the contract allows it. If there is no PILON clause and you pay in lieu, that is technically a breach (though often accepted in practice), and it can have knock-on effects on enforcing things like post-termination restrictions. Many contracts therefore include an express PILON clause.
Wrongful vs unfair dismissal
Keep two different claims in mind:
- Wrongful dismissal is about breach of contract, typically not giving proper notice. Any employee can claim, regardless of length of service.
- Unfair dismissal is about whether you had a fair reason and a fair process. It generally requires qualifying service and is judged by statute.
A dismissal can be one, both, or neither.
Practical guidance
- Give the correct notice (statutory or contractual, whichever is longer) unless you have genuine gross misconduct.
- For summary dismissal, make sure the conduct truly is gross and follow a fair procedure.
- Use a PILON clause if you want the flexibility to pay rather than work out notice.
- Take advice before dismissing without notice, the cost of getting it wrong is usually higher than the notice itself.
Key takeaways
- Employees are entitled to statutory or contractual notice, dismissing without it is usually a breach.
- You can dismiss without notice only for genuine gross misconduct, and must still follow a fair procedure.
- Pay in lieu of notice is clean only where the contract allows it.
- Distinguish wrongful (breach of contract) from unfair (fair reason and process) dismissal.
Sources
- Employment Rights Act 1996, section 86 (minimum notice periods)
- The law of wrongful dismissal (breach of contract) and unfair dismissal
- ACAS Code of Practice on Disciplinary and Grievance Procedures
--- This article is general information about the law of England & Wales as at 2026, not legal advice. For advice on your circumstances, consult a qualified solicitor.