MAKE YOUR FREE Gross Misconduct Dismissal Letter
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What is a Gross Misconduct Dismissal Letter?
Employers usually cannot fire an employee on grounds of misconduct without an initial warning and notice being given. However, if an employee commits a serious offence (known as gross misconduct) that requires their swift removal from the workplace, summary dismissal is possible. In this scenario, Gross Misconduct Dismissal Letters can be used. A Gross Misconduct Dismissal Letter sets out the reasons for dismissal and formalises the dismissal process.
This document is GDPR compliant.
When should I use a Gross Misconduct Dismissal Letter?
Use this Letter:
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if you want to confirm that an employee has been summarily dismissed for gross misconduct
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for junior or senior employees
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only for employees based in England, Wales or Scotland
Sample Gross Misconduct Dismissal Letter
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Dear ,
Re: Confirmation of summary dismissal
Following the disciplinary hearing held on and in view of the seriousness of this matter, the decision has been made to terminate your employment by reason of your gross misconduct.
The reason for this decision is that at the above hearing, it was found that your conduct was unsatisfactory in the following respects: .
This is a particularly serious issue for our business because .
This conduct is serious enough to merit dismissal in its own right. This is the case even though we have taken into account the fact that you do not have an active warning on your disciplinary record.
The arrangements in respect of your dismissal are:
- Your dismissal is effective immediately and your final day of employment is therefore (Termination Date).
- You are not entitled to any period of notice or payment in lieu of notice.
- We will pay you in lieu of any accrued but untaken holiday, less normal deductions of tax and National Insurance contributions.
- If you are entitled to reimbursement of any genuine expenses incurred prior to the Termination Date, you must submit your claim, together with evidence, in the usual way by .
- You must return in good condition any property which belongs to us, as soon as possible and in any event within five working days of this letter, to the including confidential information and company documents whether in hard copy or electronic form.
- Your final payment of salary shall be made on , less normal deductions of tax and National Insurance contributions and we will forward your P45 to you in due course.
We treat personal data collected during the disciplinary procedure in accordance with our data protection policy. Information about how your data is used and the basis for processing your data is provided in our employee privacy notice.
You have the right to appeal against your dismissal and the above may be revoked or varied if your appeal is successful. If you wish to appeal, you should inform the in writing by , stating your grounds of appeal in full and your appeal will be dealt with in accordance with our disciplinary and/or grievance policy. The dismissal will still take effect as described above if you appeal, but if your appeal is successful, you will be reinstated with retrospective effect to the Termination Date and any lost pay will be reimbursed.
If you have any questions, please do not hesitate to contact me.
Yours sincerely,
About Gross Misconduct Dismissal Letters
Learn more about making your Gross Misconduct Dismissal Letter
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How to make a Gross Misconduct Dismissal Letter
Making a Gross Misconduct Dismissal Letter online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all of the details prepared in advance, making your document is a quick and easy process.
To make your Gross Misconduct Dismissal Letter you will need the following information:
Employer details
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What are the employer’s details (ie legal structure and name)?
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If the employer is a partnership, LLP or company, who will sign on its behalf?
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What is the date of the Gross Misconduct Dismissal Letter?
Hearing
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What was the date of the disciplinary hearing?
Dismissal
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Why was the employee's conduct found to constitute gross misconduct?
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Why is the employee's conduct a serious issue for the employer's business?
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Does the employee have an active written warning on their record?
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If so, on what date was the active warning issued?
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Did the employee’s conduct breach any specific express terms of their employment contract?
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If so, what are the clause numbers of these terms?
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What is the employee’s final date of employment?
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If the employee has taken more holiday than their accrued allowance, will a deduction be made from their final pay?
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What is the last date for the employee to claim any business expenses the employer owes them?
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What is the employee’s last pay date?
Appeal
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If the employee wishes to appeal, by what date must the employee give notice of their intention to appeal?
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Who should the employee contact if they wish to appeal?
Post-termination restrictions
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Will the employee be bound by any post-termination restrictions contained in their employment contract? If so, provide:
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If so, what are the clause numbers of these terms?
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Common terms in a Gross Misconduct Dismissal Letter
A Gross Misconduct Dismissal Letter is used to summarily dismiss an employee without giving notice. To facilitate this, this Gross Misconduct Dismissal Letter covers:
Sender and recipient details
The start of the Gross Misconduct Dismissal Letter provides details of the employer and the employee who is being summarily dismissed for gross misconduct.
The dismissal itself
The body of the Gross Misconduct Dismissal Letter provides details relating to the dismissal. This includes:
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the date of the initial disciplinary hearing
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that the employee is being summarily dismissed for misconduct
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why the employee’s conduct was deemed unsatisfactory
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how any accrued but untaken holiday will be handled or how any holiday taken in excess of the employee’s accrued holiday will be handled
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the employee’s last day of employment
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when the last payment date is
The body of the Letter also specifies that any personal data (eg the employee’s name and address) will be processed (eg stored) in accordance with the employer’s Data protection policy. It also encourages the employee to see the Employee privacy notice for more information.
The right to appeal
The Gross Misconduct Dismissal Letter also sets out the employee’s right to appeal the dismissal. It provides details of who the employee should contact for such appeals and by what date an appeal should be made. It also clarifies that, if the employee’s appeal is successful, they will be reinstated with retrospective effect to their last day and any lost pay will be reimbursed.
If you want your Gross Misconduct Dismissal Letter to include further or more detailed provisions, you can edit your document. However, if you do this, you may want a lawyer to review or change the Letter for you, to make sure it complies with all relevant laws and meets your specific needs. Ask a lawyer for assistance.
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Legal tips for making a Gross Misconduct Dismissal Letter
Consider adopting relevant policies and procedures
To ensure you treat your workforce fairly and transparently, you should consider adopting a variety of policies and procedures. These include:
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a Disciplinary procedure outlining how you handle any disciplinary issues at work
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a Grievance procedure outlining how you handle employee grievances and how employees can appeal against employer decisions
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an Equal opportunities policy outlining the rules on equal opportunities and how you prevent workplace discrimination
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an Anti-bullying and harassment policy outlining how you approach workplace bullying and harassment
For more information on the different types of policies you may wish to adopt, read HR policies and procedures.
Make sure summary dismissal is appropriate in the circumstances
You should only use this Gross Misconduct Dismissal Letter where the employee’s actions or behaviours are so extreme or abnormal that you cannot be expected to employ them anymore. The conduct in question should be so serious that it undermines the mutual trust and confidence between you and the employee and seriously breaches the contract of employment.
Before taking any disciplinary action, check all relevant documents (eg the employee’s employment contract, your Disciplinary procedure and/or your Employee handbook) to see what counts as gross misconduct. Some types of conduct will typically always be considered gross misconduct (eg theft, violence and accepting or offering bribes). However, it may be harder to identify when other actions are considered gross misconduct (eg using social media in a way that tarnishes the employer’s reputation). With regards to these ‘grey areas’, make sure to thoroughly assess the situation.
Ask a lawyer if you’re unsure whether an employee’s conduct amounts to gross misconduct and consider taking alternative disciplinary action. For more information, see the FAQ ‘When is gross misconduct dismissal appropriate?’ and read Summary dismissal and gross misconduct.
Make sure to follow a fair dismissal procedure
While summary dismissal for gross misconduct allows you to dismiss someone without giving them notice or making a payment in lieu of notice (PILON), you should still follow a clear and fair dismissal process. This will involve investigating the facts, conducting a disciplinary hearing, and giving the employee a chance to respond to the situation before deciding to dismiss them. As part of your dismissal procedure, you should:
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ascertain the facts of the situation by conducting a thorough investigation and interviewing the relevant parties (eg the employee and any witnesses)
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only consider suspending the employee while you’re investigating the situation where it is appropriate to do so. Use a Suspension letter to do this
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conduct a disciplinary hearing to discuss the situation with the employee. Use an Invitation letter to a disciplinary hearing for misconduct to arrange the hearing
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give the employee an opportunity to appeal your decision
For more information, read Summary dismissal and gross misconduct and How to run a disciplinary hearing.
Understand when to seek advice from a lawyer
Ask a lawyer if:
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this document doesn’t meet your needs
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you have questions about summary dismissal for gross misconduct
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you have employees based outside England, Wales and Scotland
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Gross Misconduct Dismissal Letter FAQs
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What is included in a Gross Misconduct Dismissal Letter?
This Gross Misconduct Dismissal Letter template covers:
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the reason for dismissal
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the legal basis of gross misconduct
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prior warnings (if any)
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the termination date and ineligibility for notice or payment in lieu of notice (PILON)
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arrangements for holiday pay and the final salary payment
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the need to return property
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the right to appeal against dismissal
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Why do I need a Gross Misconduct Dismissal Letter?
Under the Acas Code of Practice on discipline and grievance, employers are required to set out a decision to dismiss an employee in writing. Failure to do so can result in an employment tribunal increasing any compensation award by up to 25% (eg if an unfair dismissal claim is successfully brought by the employee).
As a general rule, employers should also document the disciplinary processes they follow. This ensures they have written evidence of any decisions made, together with the reasoning, in case the matter ends up in court. This is particularly important in the cases of summary dismissal, which can easily end up being classed as unfair or wrongful dismissal if the correct procedures are not followed or documented.
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Should there be a hearing before dismissing someone for gross misconduct?
Even in cases of summary dismissal for gross misconduct, employers are legally required to hold a hearing and to properly investigate any allegations made against the employee. The employee has a right to be accompanied at the hearing. Failure to hold a hearing prior to dismissal can result in a claim of unfair dismissal.
Use an Invitation letter to a disciplinary hearing for misconduct to invite an employee to a disciplinary hearing.
For more information, read Summary dismissal and gross misconduct and How to run a disciplinary hearing.
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When is gross misconduct dismissal appropriate?
Gross misconduct is any conduct that is extreme or abnormal. There are no specific rules regarding what constitutes gross misconduct. However, the offence should destroy the relationship between employer and employee and must be blameworthy. In many cases, the conduct will either be deliberate or amount to gross negligence. Examples of gross misconduct include theft, violence, endangering the safety of other employees, and breaching a drugs or alcohol policy.
Before considering dismissing someone for gross misconduct, you should check their employment contract and all relevant policies (eg a Disciplinary procedure) and see what they say constitutes gross misconduct.
For more information, read Summary dismissal and gross misconduct.
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Can an employee appeal a dismissal for gross misconduct?
Employees have a legal right to appeal their dismissal for gross misconduct. If they decide to invoke this right of appeal, an appeal hearing should be held, chaired by someone different to (and ideally more senior than) the chair of the initial hearing. The employee also has the right to be accompanied at the appeal hearing. You should adopt a Grievance procedure to outline the right of appeal and the process.
Under the Acas Code, it is vital to inform an employee in writing of their right to appeal and their right to be accompanied. Use an Invitation letter to a disciplinary appeal hearing for misconduct to do this.
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