We have just issued notice of redundancy to a number of our employees following a period of individual consultation. As the work will be coming to an end in four weeks’ time, we required our employees to work their notice periods so that their employment would come to an end at the same time that the work ends. However, one of our employees had been caught stealing stock during their notice period. As they were still employed, we followed the disciplinary procedure and are now at the point where we are considering a dismissal. Given that theft is deemed to be gross misconduct under our disciplinary procedures, can we dismiss summarily, ie without notice, even though we had already issued notice of redundancy?

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