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Gross misconduct or summary dismissal letter

£7
Word count
Template words
159
Reading time
Reading time
5 mins

If an allegation of gross misconduct is upheld, send this model letter to the employee to confirm their dismissal without notice or payment in lieu of notice.

This letter must only be sent once a disciplinary hearing has been held.

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What is a Gross misconduct or summary dismissal letter?

If an employee commits a serious offence (known as gross misconduct), summary dismissal is possible.

In this scenario, a letter dismissing an employee on grounds of gross misconduct should be used to set out the reasons for their dismissal and formalise the process.

Best practice timescale for this to be issued
When should this letter be issued?
As soon as possible after a decision to terminate has been made, but only after the correct procedure has been followed
Issued by who, to whom
Who should issue this letter, and to whom?
The Employer (you) to the Employee
Applicable legal jurisdictions
In which jurisdictions can this letter be used?
Great Britain & NI (United Kingdom), Worldwide

Sequence

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Disciplinary hearing script

Our Disciplinary Hearing Script Template ensures structured proceedings, promoting fairness and adherence to disciplinary policies during hearings.

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Gross misconduct or summary dismissal letter template
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Letters
Dismissal appeal letter template

Our dismissal appeal letter template can help you formally challenge your dismissal.

Timings

Step Description Responsibility Timing
1 Investigation and gathering of evidence HR / Investigation Team 1-2 weeks before decision
2 Conduct disciplinary hearing HR / Management Within 1 week of completing investigation
3 Determine gross misconduct and draft dismissal letter HR / Legal Team Immediately after disciplinary hearing
4 Issue the Gross Misconduct Dismissal Letter HR / Management Within 1-2 days of decision
5 Follow-up actions and provision of support to affected parties HR / Management Ongoing support and communication as needed

Compliance

United Kingdom

  • Employment Rights Act 1996: Outlines legal provisions for summary dismissal, including cases of gross misconduct.

  • Acas Code of Practice on Disciplinary and Grievance Procedures: Provides guidance on fair and transparent disciplinary processes, including the dismissal of employees for gross misconduct.

  • Equality Act 2010: Ensures that dismissal decisions are not discriminatory and do not infringe upon employees' protected characteristics.

  • Data Protection Act 2018 (incorporating GDPR): Mandates the handling of personal data within the dismissal letter in compliance with data protection principles.

  • Best Practice: Clarity and Fairness: Ensure that the dismissal letter clearly outlines the reasons for dismissal, adheres to procedural fairness, and offers the employee an opportunity to appeal the decision.


Other territories

Consult your jurisdiction's employment legislation or labor laws to ensure compliance with the template. Review the language for local precision.

Gross misconduct or summary dismissal [Delete this line]

[Company name]

[Sender address]

 

[date]

[Recipient name]

[Recipient address]

 

Dear [Recipient first name],

I refer to the disciplinary hearing held on [date] following which you were informed that the company had decided to dismiss you summarily, i.e. without notice or payment in lieu of notice. Your last day of service with the company was [date] and all terms and benefits associated with your employment ceased as of that date.

Following investigations carried out by the company in accordance with its disciplinary procedure, the company considered that you were guilty of gross misconduct. You attended the disciplinary hearing on [date].

Despite listening to your representations at this hearing, we concluded that your conduct was sufficiently serious to warrant summary dismissal.

The specific reasons for your dismissal are: [state reasons].

Your last day of service with the company was [date] and all terms and benefits associated with your employment ceased as of that date. Your final pay, including all forms of compensation due to you, will be issued to you in the usual manner.

You have the right of appeal against this decision. Your appeal should be directed to [Name | the HR Department | HR Services] within [number] days of receiving this letter. It should set out in full the reason(s) for your appeal.

 

Yours [faithfully | sincerely],

 

 

[Sender name]

[Sender job title]

[Sender telephone]
[Sender email]

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gross misconduct or summary dismissal letter