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... ... Read more
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How to Make a 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 the dismissal.
Use this letter:
This letter covers:
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.
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.
Dismissal for misconduct should be the final step of the disciplinary procedure. The ACAS Code of Practice 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.
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 indicates what the deadline for appeals is. If no deadline is specified, the employer should give a reasonable period such as 14 days.
Last reviewed or updated 17/06/2022
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