From the above, it can be seen that dismissing someone on the spot does not fulfil the statutory obligations an employer has. Faced with behaviour so unacceptable that it cannot be reasonably tolerated, an employer is better off sending an employee home on pay, giving each party a cooling off period and time for both to consider their responses.
Another important factor in considering dismissal is whether an employer has a provision in an employment contract for ‘instant’ dismissal based on serious misconduct. This would be a sensible provision to have as it shows that the employee has foreknowledge of what to expect in the event of certain behaviours. A code of conduct can further spell out specific examples that an employer will not tolerate in the workplace.
As always, a well written employment contract with accompanying documents such as a code of conduct, and a clearly understood process to follow in the event of things going wrong will go a long way towards avoiding a personal grievance claim for unjustified dismissal.