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A Dismissal Letter for Misconduct is a letter informing an employee that they are being dismissed due to misconduct. Dismissal Letters for Misconduct outline the reason(s) for dismissals and detail the arrangements for terminating employment. For more information, read Dismissal for disciplinary reasons.
This document is GDPR compliant.
Use this Dismissal Letter for Misconduct:
to confirm that an employee has been dismissed for misconduct
only after an employee has been invited to and has attended a disciplinary hearing
only after an employee has received a 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
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Dear ,
Re: Confirmation of dismissal
Following the disciplinary hearing held on the decision has been made to terminate your employment by reason of your misconduct.
The reason for this decision is that the hearing has found that your conduct was unsatisfactory in the following respects: .
Since you currently have an active final written warning dated on your disciplinary record, we consider that dismissal is the appropriate sanction.
The arrangements in respect of your dismissal are:
You have the right to appeal against your dismissal and any of the above arrangements can be varied or revoked in the event of a successful appeal. If you wish to appeal you should inform in writing by , stating your grounds of appeal in full and your appeal will be dealt with in accordance with the company's disciplinary procedure. The dismissal will still take effect as described above if you appeal, but if your appeal is successful then you will be reinstated with retrospective effect to the Termination Date and any lost pay will be reimbursed.
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.
If you have any questions please contact .
Yours sincerely,
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Take the first step to discipline an employee for misconduct
Confirm the outcome of a conduct-related disciplinary hearing
Set out how disciplinary issues will be handled
Set out the workplace grievance process
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This Dismissal Letter for Misconduct template covers:
reasons for disciplinary action
all previous written warnings (including the final warning)
termination date
whether the notice period will be worked or the employee will be paid in lieu of notice
arrangements for holiday pay and the final salary payment
the requirement to return property and information belonging to the employer
reimbursement of expenses
the employee’s right to appeal against dismissal
Issuing a formal Dismissal Letter for Misconduct ensures you follow the proper disciplinary processes. Failure to do so can result in an unfair dismissal case against an employer being brought in an Employment Tribunal (ET).
By clearly providing information about a dismissal (including the reasons for dismissal) in a Dismissal Letter for Misconduct, you protect yourself against the risk of unfair dismissal claims and reduce the likelihood of further disputes in relation to the dismissal decision.
For more information, read Dismissal for disciplinary reasons.
Misconduct is any behaviour by an employee that is inappropriate or unacceptable. There is no set list of exactly what constitutes misconduct. Whether an action amounts to misconduct will need to be assessed based on the specific circumstances of a situation. Examples of misconduct include persistent lateness or unauthorised absence from work.
Misconduct may amount to ‘serious misconduct’ if an employee’s behaviour is likely to cause or has already caused serious harm to the employer’s business.
Note that gross misconduct is different from misconduct or simple misconduct and can result in immediate (ie summary) dismissal. For more information, read Summary dismissal and gross misconduct.
A written warning is a formal reprimand that an employer can give an employee at the end of a disciplinary process. It is a form of disciplinary action taken after a disciplinary hearing and serves to notify an employee that their behaviour is not acceptable and that further disciplinary action may be taken if the issue is not addressed. A warning will typically communicate details of an employee's misconduct, the consequences of their behaviour and the steps they need to take to improve their behaviour. Warnings should be documented in writing and given to the employee in person. A copy should also be kept on the employee’s record.
In most cases of misconduct, employees should receive at least 2 warnings before being dismissed. In cases of serious misconduct, employers can, however, issue a ‘first and final’ warning that combines both warnings in one. A first and final warning should explain that an employee’s failure to improve their conduct may result in dismissal.
A Disciplinary outcome letter for misconduct should be used to issue written warnings.
For more information, read Disciplinary warnings.
Dismissal for misconduct should be the final step of the disciplinary process. According to the Acas Code of Practice on disciplinary and grievance procedures, you can only dismiss an employee for misconduct after they have received at least 2 warnings and have attended a disciplinary hearing. Note that this is not the case in cases of gross misconduct. If you, as an employer, fail to follow a fair and transparent disciplinary and dismissal process, an employee can claim unfair dismissal in court. A successful claim for unfair dismissal can result in an Employment Tribunal awarding the employee an uplift of up to 25% in compensation.
For more information, read Dismissal for disciplinary reasons.
Depending on the terms of an employee’s Employment contract, an employer may be able to make a payment in lieu of notice (PILON), allowing the dismissal to take effect immediately (ie on the date the employee receives the Letter). The employer may also make a PILON at the employee's request, provided that the parties both agree to this.
If no PILON has been agreed on, employees are entitled to receive (and work) their notice period. The minimum statutory notice period is 1 week’s notice for each completed year of service, capped at 12 weeks. The minimum is almost always 1 weeks’ notice. Note that longer notice periods may be specified in the employee’s employment contract. These are known as ‘contractual notice periods’ and must usually be adhered to. For more information, read Notice periods.
Employees have a legal right to appeal their dismissal for misconduct. Offering the right to appeal a dismissal is an integral part of the fair dismissal process.
The employee’s contract of employment and/or the employer’s Disciplinary procedure or Grievance procedure should indicate what the deadline for appeals is. If no deadline is specified, the employer should give a reasonable period of time(eg 14 days). The deadline for appeal should also be set out in the Dismissal Letter for Misconduct.
For more information, read Disciplinary appeals.
Making a Dismissal Letter for Misconduct 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 Dismissal Letter for Misconduct you will need the following information:
Employer and employee details
What are the employer’s details (eg the employer’s legal structure and name)?
If the employer is a company, LLP or partnership, who will sign the Letter on its behalf?
What is the name or title of the employer contact for the employee?
What is the employee’s name and address?
Dates
What is the date of the Dismissal Letter for Misconduct?
What was the date of the disciplinary hearing?
On what date was the final warning issued?
Dismissal
Will the employee be paid in lieu of notice?
Why was the employee's conduct found to be unsatisfactory?
How long is the employee's notice period?
What is the final date of employment?
What is the last pay date?
Post-termination restrictions
Will the employee be bound by any post-termination restrictions contained in their employment contract? If so:
What clause numbers will the employee remain bound by?
What are the relevant post-termination restrictions?
Final points
What is the last date for the employee to claim any business expenses the employer owes them?
If the employee has taken more holiday than their accrued allowance, will a deduction be made from their final salary payment?
By what date should the employee make any appeal against termination?
A Dismissal Letter for Misconduct is used when an employee’s employment is being brought to an end because of their misconduct, after they have received a final warning. To achieve this, this Dismissal Letter for Misconduct template covers:
Sender and recipient details
The start of the Dismissal Letter for Misconduct provides details of the employer and the employee who is being dismissed for misconduct.
The dismissal itself
The body of the Dismissal Letter for Misconduct provides details relating to the dismissal. These details include:
the date of the initial disciplinary hearing
the date of the employee’s final warning
why the employee’s conduct was deemed unsatisfactory
the amount of notice the employee is entitled to and, where relevant, any payment in lieu of notice
how any accrued but untaken holiday will be handled or how any holiday that has been taken in excess of the employee’s accrued holiday will be handled
the employee’s last day of employment
when the employee’s final salary payment will be paid
The right to appeal
The Dismissal Letter for Misconduct clearly addresses the employee’s right to appeal the dismissal. It:
provides details of who the employee should contact to make any appeals
specifies by what date an appeal must be made
clarifies what happens if an appeal is successful
Data protection
The Dismissal Letter for Misconduct also highlights that any personal data (eg the employee’s name and address) used during the disciplinary process will be processed (eg stored) in accordance with the employer’s Data protection and data security policy. It also encourages the employee to check the employer’s Employee privacy notice for more information on data processing.
You can edit your document if you want your Dismissal Letter for Misconduct to include further or more detailed provisions. However, if you do this, you may want a lawyer to review or change the Dismissal Letter for Misconduct for you, to make sure it complies with all relevant laws and meets your specific needs. Ask a lawyer for assistance.
Take care to follow a fair and transparent dismissal process
It is crucial that you follow a fair and transparent dismissal process when you are dismissing someone. If you have a Disciplinary procedure in place, make sure to follow it at all times. As part of your disciplinary and dismissal processes, you should:
thoroughly investigate all relevant facts
interview all relevant parties (eg the employee, their manager and any witnesses)
invite the employee to a disciplinary hearing to discuss the situation with them (use an Invitation letter to a disciplinary hearing for misconduct for this)
issue at least 2 warnings before dismissing the employee (or, in situations of serious misconduct, issuing a ‘first and final’ warning)
giving the employee an opportunity to appeal all disciplinary and dismissal actions
For more information, read How to run a disciplinary hearing and Dismissal for disciplinary reasons.
Make and implement all relevant workplace policies
You should adopt certain HR policies to ensure that you treat your workforce in a fair and transparent manner. This helps ensure that you comply with your legal obligations and boosts your status as a conscientious and law-abiding employer. Some of the policies you may wish to adopt include:
a Disciplinary procedure - detailing how you handle any disciplinary issues at work
a Grievance procedure - detailing how you address employee grievances and how employees can appeal against disciplinary decisions
an Equal opportunities policy - outlining how you ensure equal opportunities and prevent discrimination in the workplace
an Anti-bullying and harassment policy - setting out how you approach and prevent workplace bullying and harassment
For more information on the different types of policies you may wish to adopt, read HR policies and procedures.
Understand when to seek advice from a lawyer
Ask a lawyer if:
this Dismissal Letter for Misconduct doesn’t meet your specific needs
you have any questions or concerns about dismissing someone for misconduct
you have employees based outside England, Wales or Scotland
