Free Gross Misconduct Dismissal Letter Template (+ Tips)

Letting someone go isn’t an easy step to take — even more so if you’re required to dismiss someone for gross misconduct. It means a serious incident has occurred, and there’s no other appropriate action to take.

There’s a formal process for employee dismissal for gross misconduct, and it’s essential that you get it right. Just knowing that can be daunting for small businesses, but at Charlie we’re here to support you as much as we can.

Part of the process involves sending a gross misconduct dismissal letter, and this guide will help you understand what to do, what to write, and how to navigate this challenging journey. We’ll also share a gross misconduct dismissal letter template that you can borrow and customise.

What is gross misconduct?

Gross misconduct refers to behaviour at work that’s so unprofessional, unacceptable or improper that there is no alternative other than to dismiss the employee straight away. It’s one of the fair reasons for dismissal set out in the Employment Rights Act 1996.

Examples of gross misconduct include things like theft, sexual harassment, physical violence, gross negligence, or serious insubordination. Gross negligence is when someone has shown a serious lack of care towards their duties or people, and an example of serious insubordination is refusing to take orders that keep them or others safe.

For instances of gross misconduct, an employer can make a summary dismissal. This means you can terminate the contract of employment immediately and request that the individual leave your organisation straight away, without the typical notice period or warning.

As an employer, you’ll be in a stronger position if you have clearly communicated to your team in advance what constitutes gross misconduct. The best way to do this is through your employment contracts, company handbook, and disciplinary procedure or policy.

What is a letter of dismissal?

A letter of dismissal (also known as a dismissal letter or termination letter) is a formal, written document that confirms the termination of an employment contract. Even if you’ve discussed the situation in detail as part of your dismissal procedure, you still need to confirm this in writing.

All dismissal letters should outline the situation, confirm the date of termination, and provide an explanation as to why this is happening. For a gross misconduct dismissal letter, it’s also useful to include details on why the incident was considered to be an issue of misconduct serious enough to warrant immediate termination of employment.

What is the process for dismissing someone for gross misconduct?

The Acas code of practice sets out the process that employers must follow in cases of gross misconduct. This applies to businesses of all sizes — even the smallest of businesses and startups.

The process for gross misconduct in the UK is:

Undertake a thorough investigation into the situation
Inform the employee who’s being investigated in writing
Give them the opportunity to respond
Hold a disciplinary meeting with the employee
Inform them of your decision in writing (this is the gross misconduct dismissal letter, more on this below)
Let the employee know that they have the right to appeal

Failing to follow the required fair process could put your small business at risk of facing an unfair dismissal claim and a potential employment tribunal. It’s essential that you follow the process properly, and document your HR compliance, to avoid any issues in the future.

Luckily, this process gives you a framework to draft up a policy for gross misconduct. If you build your policy around each of these steps then you’re less likely to miss anything out. As always, if you’re unsure about any aspect of policy writing, seek professional legal advice.

How to write a letter of dismissal for gross misconduct

Once you’ve drafted your gross misconduct policy, you’ll need to create a templated letter of dismissal for gross misconduct.

Having a signed off and ready-to-use dismissal letter template will remove some of the pressure in a difficult situation, so it’s a good idea to write it before you need it.

Here’s what to include in your letter of dismissal for gross misconduct:

Date of the disciplinary meeting
Confirmation of dismissal for misconduct
Why their behaviour was unacceptable
Details of any accrued but untaken annual leave (or about any holiday pay that’s owed back to you)
Information about any payment in lieu of notice (PILON), if appropriate
Date of their last day of employment
Date of their final pay
Details about the employee’s right to appeal (often found within a company’s grievance procedures)

Gross misconduct is something that every employer wants to avoid, but knowing what to do and being prepared makes the dismissal process easier to handle. Having a letter of dismissal for gross misconduct on file means you can act swiftly to resolve an upsetting or unsettling situation, which is vital for your business and the rest of your team.

Sample dismissal letter for gross misconduct - free template

To make a potentially difficult situation even easier, we’re including a free gross misconduct letter template with this blog. It was written by one of our CIPD-qualified HR advisors, who are experts at supporting small businesses with HR and employment law issues.

You can view the sample dismissal letter for gross misconduct below, and adapt it so it fits your business. Save it on file, so that it’s ready and waiting should you ever need it — or save even more time and upload it to Charlie along with the rest of your HR policies and documents.

Anything that’s in brackets in the template can be edited or deleted to make it specific and unique to your business.

Gross misconduct dismissal letter template

Dear [Employee's Name],

Re: Termination of Employment – Gross Misconduct

Following our recent disciplinary hearing on [date], where you were given the opportunity to respond to allegations of gross misconduct, we have thoroughly considered all the evidence presented, including your responses and any mitigating circumstances.

I regret to inform you that, after careful consideration, it has been decided that your employment with [Your Company Name] will be terminated with immediate effect due to gross misconduct.

The gross misconduct we are referring to is [provide a brief and specific description of the gross misconduct, citing any relevant company policies or procedures that were violated]. This conduct is considered a serious breach of our company policies and standards, and it has been determined that it is not possible to continue your employment relationship.

As per your employment contract, you have the right to appeal this decision. If you wish to appeal, please submit a written appeal to [Name/Title of the person to whom the appeal should be directed] within [number of working days, typically 5-10 working days] of receiving this letter.

Should you choose to appeal, the appeal hearing will be scheduled promptly, and you will be notified of the date, time, and venue. The decision made following the appeal hearing will be final.

You are required to return all company property, keys, access cards, or any other items in your possession belonging to [Your Company Name] immediately.

Your final payslip, which will include any outstanding salary, accrued holiday entitlement up to the termination date, and any statutory entitlements, will be sent to you on the next scheduled payday on [include date].

If you have any questions regarding the termination process or if you require further clarification, please do not hesitate to contact [HR Contact Person] at [HR Contact Email/Phone Number].

We wish you the best in your future endeavours.

Yours sincerely,

[Name]

[Position]

[Contact Information]

Handle disciplinary issues with more confidence

Having to terminate an employment contract due to gross misconduct can be challenging. Use this guide to help you navigate the process and write a gross misconduct dismissal letter that covers all the important details, giving you peace of mind and confidence.

If you’re ready to enjoy that same effortless-feel across your HR operations, try Charlie. Our HR platform was designed for small businesses like yours. It’s not just a place to store your HR policies and letter templates, but a fully-featured platform for onboarding, time off management, performance management, and more. Take a free trial to see how Charlie can support you in your role.

Gross misconduct dismissal letter FAQs

We always get asked questions about how to handle disciplinary matters — including gross misconduct. Here are the answers to some of the most frequently asked questions.

What can be classed as gross misconduct?

Unfortunately misconduct incidents happen — even in small businesses. This can include minor incidents such as being late to work on a regular basis, to more serious issues. Your disciplinary policy should outline what is considered to be misconduct and what counts as gross misconduct.

Gross misconduct includes incidents of physical violence, theft, gross negligence, and serious insubordination.

If you’re not sure what severity of incident you’re dealing with, the government has some information on different levels of misconduct. You can also consult with a legal professional or HR advisor for their advice.

How do you write a warning letter for gross misconduct?

Often the incidents involved with gross misconduct mean that there isn’t time, or it isn’t appropriate, to send a written warning letter. As long as you follow your disciplinary process, this is completely acceptable.

If you’re able to write a warning letter, this suggests that there’s still an opportunity for the individual to continue their contract with you. In that case, you may be looking at misconduct or serious misconduct — rather than gross misconduct.

Do you need to provide a written letter of dismissal?

Yes. You should always provide a written dismissal letter when an employee leaves your organisation — this includes termination for gross misconduct. A formal letter clearly sets out the situation and leaves no room for confusion.

When should you send a gross misconduct dismissal letter?

You should send a written gross misconduct dismissal letter as soon as reasonably possible after making the decision. This enables you to act swiftly to remove the individual from your employment and provides all parties with the correct documentation.

What other reasons might you dismiss an employee?

Gross misconduct isn’t the only reason to dismiss an employee. Other fair reasons for dismissal include capability, performance, and redundancy. How you handle these situations should be clearly described within your HR policies.

When might a dismissal be considered unfair?

When an employee is dismissed, they have the right to appeal this if they think it’s unfair. They may send a disciplinary appeal letter, or instruct a legal professional to write to you. Whether their claim is valid or not, it’s important to be aware of what happens in cases of unfair disciplinary action.

Examples of unfair dismissal include making a flexible working request, being involved in whistleblowing, and taking action over a health and safety issue.

With gross misconduct, there is often a clear and obvious reason why this action was taken. As long as you have followed the correct process and have evidence of this, you can feel reassured.

How can you prevent dismissal by gross misconduct?

It’s not always possible to prevent situations that lead to dismissal by gross misconduct. However, taking a proactive approach to performance management can empower your managers and employees to work together to resolve workplace challenges before they become a major issue.

With Charlie’s performance review feature, you can plan impactful reviews that are highly engaging. The individual, their manager, and their peers can all take part in the process — giving you a more well-rounded view and more opportunities to manage situations in a positive way. Start a free trial now to find out more.