MAKE YOUR FREE Dismissal Letter for Misconduct
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What is a Dismissal Letter for Misconduct?
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.
When should I use a Dismissal Letter for Misconduct?
Use this Dismissal Letter for Misconduct:
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to confirm that an employee has been dismissed for misconduct
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only after an employee has been invited to and has attended a disciplinary hearing
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only after an employee has received a final written warning
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for employees who are protected from unfair dismissal
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for junior or senior employees
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only for employees based in England, Wales or Scotland
Sample Dismissal Letter for Misconduct
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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:
- Your dismissal is effective immediately and your final day of employment is therefore (the Termination Date). You will be paid in lieu of your notice period of in accordance with your contract of employment, subject to normal deductions of tax and National Insurance contributions.
- 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 by .
- You must return in good condition any property which belongs to us, as we direct. This includes confidential information and 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;
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,
About Dismissal Letters for Misconduct
Learn more about making your Dismissal Letter for Misconduct
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How to make a Dismissal Letter for Misconduct
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
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What are the employer’s details (eg the employer’s legal structure and name)?
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If the employer is a company, LLP or partnership, who will sign the Letter on its behalf?
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What is the name or title of the employer contact for the employee?
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What is the employee’s name and address?
Dates
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What is the date of the Dismissal Letter for Misconduct?
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What was the date of the disciplinary hearing?
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On what date was the final warning issued?
Dismissal
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Will the employee be paid in lieu of notice?
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Why was the employee's conduct found to be unsatisfactory?
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How long is the employee's notice period?
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What is the final date of employment?
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What is the last pay date?
Post-termination restrictions
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Will the employee be bound by any post-termination restrictions contained in their employment contract? If so:
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What clause numbers will the employee remain bound by?
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What are the relevant post-termination restrictions?
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Final points
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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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If the employee has taken more holiday than their accrued allowance, will a deduction be made from their final salary payment?
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By what date should the employee make any appeal against termination?
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Common terms in a Dismissal Letter for Misconduct
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:
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the date of the initial disciplinary hearing
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the date of the employee’s final warning
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why the employee’s conduct was deemed unsatisfactory
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the amount of notice the employee is entitled to and, where relevant, any payment in lieu of notice
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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
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the employee’s last day of employment
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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:
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provides details of who the employee should contact to make any appeals
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specifies by what date an appeal must be made
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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.
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Legal tips for making a Dismissal Letter for Misconduct
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:
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thoroughly investigate all relevant facts
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interview all relevant parties (eg the employee, their manager and any witnesses)
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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)
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issue at least 2 warnings before dismissing the employee (or, in situations of serious misconduct, issuing a ‘first and final’ warning)
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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:
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a Disciplinary procedure - detailing how you handle any disciplinary issues at work
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a Grievance procedure - detailing how you address employee grievances and how employees can appeal against disciplinary decisions
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an Equal opportunities policy - outlining how you ensure equal opportunities and prevent discrimination in the workplace
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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:
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this Dismissal Letter for Misconduct doesn’t meet your specific needs
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you have any questions or concerns about dismissing someone for misconduct
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you have employees based outside England, Wales or Scotland
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Dismissal Letter for Misconduct FAQs
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What is included in a Dismissal Letter for Misconduct?
This Dismissal Letter for Misconduct template covers:
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reasons for disciplinary action
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all previous written warnings (including the final warning)
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termination date
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whether the notice period will be worked or the employee will be paid in lieu of notice
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arrangements for holiday pay and the final salary payment
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the requirement to return property and information belonging to the employer
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reimbursement of expenses
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the employee’s right to appeal against dismissal
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Why do I need a Dismissal Letter for Misconduct?
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.
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What is misconduct?
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.
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What is a written warning?
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.
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Is a disciplinary hearing needed before dismissing someone for misconduct?
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.
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Is the employee dismissed immediately when they receive a Dismissal Letter for Misconduct?
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.
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Can an employee appeal a dismissal for misconduct?
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.
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