clear heinous wrongdoing. Summary dismissal for a first offence can only be fair if gross misconduct, warnings will not work, or the warning was already given. An example of where warnings will not work is where the employee is wedded to a campaign against the employer. Employers need to distinguish between one-off lapses and dishonesty. Factors in reasonableness can be whether other employees previously guilty of the same were also dismissed, and length of service. The employer might try to gild the lily by alleging how often the employee has committed the same outrage before - this could allow the employee to argue that he was allowed to behave the same in the past and so had a reasonable expectation that he would not suddenly be sacked for the latest instalment of the same conduct, that the misconduct was waived or was even acceptable conduct. If an employer suddenly wishes to start laying down the law, it can but has to start with warnings, and verbal warnings in the past for others will not be enough to justify picking somebody out for dismissal in the future. The employee may argue he was not made aware of the rule. Oral distribution of what should be a memo probably will not be enough. Neither will be telling a union but not staff. If the employer suddenly purports to add a draconian new rule that is not in staff contracts, it may face claims of constructive dismissal. Employers who rely on old unrelated warnings will struggle to prove a new minor offence justifies dismissal. The employer must consider what happened to other employees found guilty of the same and adjust for mitigation. If the employer blames gross misconduct for summary dismissal, the tribunal may be wary of the risk that misconduct was trumped up to gross misconduct to avoid paying for the notice period. For example, using a company car or phone for personal use may or may not be enough, as dishonesty would need to be proven and even then does not necessarily prove reasonableness. Equally, if the employer complains that the employee has taken to working away from the office, the employee may argue that the employer has acquiesced. Being under the influence of drugs can be grounds, especially if there is a published policy against it, but an odd case of being drunk will not be enough unless it happened