The modified statutory dismissal procedure (whereby an employer can dismiss without holding a prior disciplinary hearing) can only apply to dismissals made at or immediately after the time the employer becomes aware of gross misconduct, and not if the relevant manager takes time to discuss the matter with others and/or delays by a day. Best advice is to always follow the standard dismissal procedure and hold a disciplinary meeting with prior notice. (O'Neill v Wooldridge Ecotec Ltd, EAT)