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Dismissal Letter For Misconduct UK Template

Overview of the Dismissal letter for misconduct

This document is GDPR compliant.

Make sure you follow proper disciplinary procedures when dismissing an employee who is protected from unfair dismissal with this dismissal letter after a final written warning. This dismissal letter details the process to be followed when dismissing an employee for misconduct following a previous final written warning. The letter covers the reason for dismissal, the previous final written warning, the termination date and the right to appeal against dismissal.

When should I use a dismissal letter for misconduct?

Use this letter

to confirm that an employee has been dismissed for misconduct following a previous final written warning
for employees who are protected from unfair dismissal
for junior or senior employees
only for employees based in England, Wales or Scotland

What's included in a dismissal letter for misconduct?

This letter covers

reason for disciplinary action
previous final written warning
termination date
whether the notice period will be worked or paid in lieu
arrangements for holiday pay and final salary payment
need to return property and information belonging to the employer
reimbursement of expenses
right to appeal against dismissal

What's a dismissal letter for misconduct?

A dismissal letter for misconduct is a letter informing an employee that they are being dismissed on grounds of misconduct. It outlines the reason for dismissal and details the arrangements to terminate the employment.

Do I need a dismissal letter for misconduct?

Issuing a formal dismissal letter for misconduct ensures you follow the proper disciplinary process. Outlining in writing the reasons for dismissal protects the employer against the risk of unfair dismissal claims and reduces the likelihood of further disputes in relation to the dismissal decision.

Should there be a hearing before dismissing someone for misconduct?

Dismissal for misconduct should be the final step of the disciplinary procedure. The Acas Code of Practice on Disciplinary and Grievance Procedures says that, except in cases of gross misconduct, you can only dismiss an employee after at least two warnings and a disciplinary hearing. If the employer fails to follow this process and the employee successfully brings a case for unfair dismissal in court, the employment tribunal might award an extra 25% compensation to the employee.

Is the dismissal effective immediately upon receipt of the letter?

Depending on the terms of the employment contract, the employer can make a payment in lieu of notice (PILON), allowing dismissal to take effect immediately, ie on the date of receipt of the letter. The employer may also make a PILON at the employee's request, provided that the parties mutually agree on it.

If no PILON has been agreed on, employees are entitled to whichever is longer out of the notice of termination of employment stated in their contract of employment or statutory minimum notice. Statutory minimum notice is one week for each completed year of service, subject to a minimum of one week and a maximum of 12 weeks.

Can an employee appeal a dismissal for misconduct?

Offering the right to appeal dismissal is an important part of a legally fair dismissal process. The contract of employment or the business' disciplinary policy usually indicate what the deadline for appeals is. If no deadline is specified, the employer should give a reasonable period such as 14 days.

Further advice

Ask a lawyer

for employees based outside England, Wales or Scotland.

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