How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7407
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

I have been summoned to a disciplinary hearing on Monday and

This answer was rated:

I have been summoned to a disciplinary hearing on Monday and this may result in a dismissal. I have the following questions :

1. In terms of my notice period and pay, would it be in my interest to resign and be paid one months notice instead of being dismissed?
2. As my company has instigated the disciplinary hearing, am I obliged to attend this, or may I resign before this hearing?
3. If I were to be dismissed and a future employer requested a reference from my current employer, would my current employer be obliged/allowed to discuss my dismissal?



Thank you for your question. Using your numbering:-


1) No, your employer must give you notice when they dismiss you, they are only allowed to dismiss you if they summarily dismiss you. This happens when an employee commits a repudiatory (very serious) breach of contract. (eg. gross misconduct, theft from employer, revealing trade secrets, gross negligence). Upon dismissal they will either make you work your notice period or offer to pay you in lieu of that notice period


2) It is sensible for you to attend this and certainly if you are intending to make a claim against your employer (how long have you been employed at the company?) for unfair dismissal or wrongful dismissal (which depends on how long you have been employed). You are not obliged but if you do not attend it may prejudice any future claim you issue against them. You can choose to be accompanied to every meeting under in the procedure.


You can resign if you wish, but it does not really give you any advantage unless you simply "want out" of the job and the hassle of the disciplinary procedure. The employer must be fair throughout the disciplinary procedure so I should have thought it would be worth you attending, if they are not fair this will impact badly against them in the event that you were to bring a claim against them. You will have to give the notice period under your contract.


3 Your employer can refuse to give a reference, the give a reference they are under a duty to provide an accurate one which does not mislead the prospective employer. In all likelihood they will want to avoid speaking about the disciplinary process - if it is misleading it could amount to defamation in which case you could claim for libel


If this has been helpful please kindly click accept so that I may be rewarded for my efforts. It will be gratefully received and you will be free to ask follow up questions.


Kind regards,








Customer: replied 6 years ago.

Hi Thomas


Thanks for the advice.


In respect of question 1 - I am a bit confused as to your response. In terms of dismissal, are you saying that summary dismissal has no notice period at all or that you are only ever allowed to be dismissed under summary dismissal and in ANY instance of being dismissed, you are entitled to a month notice?





Hi Justin,


Sorry, probably didn't read to clearly upon reflection.


Summary dismissal is dismissal without notice, this is instant, on-the-spot dismissal without a notice period.


Where the employer terminates in any other circumstance it is plain "dismissal" and they are obliged to give you your notice period (or pay you in lieu of that notice period if they are so empowered under your employment contract, or if it isn't but you agree to be paid in lieu).


I hope this clears things up, if so please click accept.





Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7407
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Law Specialists are ready to help you

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Previous | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC

Meet The Experts:

  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
< Last | Next >
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • INC's Avatar



    Satisfied Customers:

    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • Jenny Mackenzie's Avatar

    Jenny Mackenzie

    Satisfied Customers:

    Over 10 years experience in general legal matters
  • Matthew J's Avatar

    Matthew J


    Satisfied Customers:

    4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience
  • Stuart J's Avatar

    Stuart J


    Satisfied Customers:

    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • Clare's Avatar



    Satisfied Customers:

    family solictor with 25 years experience
  • Thomas's Avatar



    Satisfied Customers:

    BA (Hons), PgDip, Practising Solicitor