That's complete nonsense. Yes the employer says you're out immediately due to a breach of contract, but that doesn't mean the employee isn't free to take legal advice and challenge the employers decision. A court might find that the employer was wrong to dismiss them, or they might not. And people settle out of court to save the time and money spent fighting it.not in the case of gross misconduct, the employer is saying you're out immediately due a breach of contract for serious reasons.