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Topic: Disciplinary, capability and dismissal

dismissal without notice letter (gross misconduct)
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Dismissal without notice letter (gross misconduct)

Dismissal without notice letter (gross misconduct)

If, after a disciplinary hearing, you take the decision to dismiss the employee because they’ve committed an act of gross misconduct, such as theft or violence, you will need our dismissal without notice letter. This dismisses the employee with immediate effect.

A trust and confidence breakdown

A Dismissal without Notice Letter should set out that the reason for dismissal is the employee’s gross misconduct, explain the nature of that gross misconduct and include a right for the employee to appeal against your decision. In the event of gross misconduct, you are not obliged to give the employee notice of termination of employment or to make a payment in lieu of notice. If the employee brings a claim for unfair dismissal, you will need to show both fair reason and fair procedure. This is particularly important because the employee will have lost their job for a first offence. While gross misconduct is a potentially fair reason for dismissal, you will still need to demonstrate to the satisfaction of the tribunal that you had an honest and genuine belief in the employee’s guilt which was held on reasonable grounds and after carrying out a proper investigation. It goes without saying that you must also have held a formal disciplinary hearing.

Acas Code of Practice

The summary dismissal letter should also comply with the Acas Code of Practice on Disciplinary and Grievance Procedures which provides that, following the disciplinary hearing, you must inform the employee of your decision to dismiss them and of their right of appeal. Our letter not only ensures compliance with the Acas Code but also it enables you to check that you have covered everything else, such as clawing back any holiday pay taken over and above accrued entitlement and confirming the effective date of termination of the employee’s employment.

 

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