Gross misconduct or summary dismissal for intoxication letter template

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This Gross Misconduct or Summary Dismissal for Intoxication Letter confirms the outcome of a disciplinary process where an employee has been found to have attended work or carried out work while intoxicated and the circumstances are considered sufficiently serious to amount to gross misconduct. It records the findings, decision, termination arrangements and right of appeal.

Use this template to:

  • Confirm the outcome of a disciplinary process involving workplace intoxication
  • Record the evidence and findings that support the decision
  • Confirm why the conduct is considered gross misconduct
  • Confirm summary dismissal where dismissal without notice is justified
  • Explain final pay, holiday and leaving arrangements
  • Provide a clear right of appeal
Gross misconduct or summary dismissal for intoxication letter template
2026 Reviewed
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What's included in this template?

This template brings together the key information, sections and considerations you need to create a clear, comprehensive and professional HR document. Preview the document below.

  • Confirmation of the disciplinary hearing and outcome
  • Details of the alleged intoxication and evidence considered
  • Employee explanation and decision-maker findings
  • Reason why the conduct is considered gross misconduct
  • Summary dismissal, final pay and leaving arrangements
  • Right of appeal and appeal arrangements
Template

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Email

[Sender name]

[Sender address]

[date]

[Recipient name]

[Recipient address]

 

Dear [Recipient first name],

Outcome of disciplinary hearing

Thank you for attending the disciplinary hearing on [date]. The hearing was held to consider concerns that you had attended work and/or carried out work while affected by [alcohol / drugs / another intoxicating substance], contrary to the Company's rules and expectations.

The allegation considered at the hearing was:

[Set out the allegation clearly and factually, including the date, time, location and relevant circumstances.]

I have now considered the investigation findings, the evidence presented, your response at the hearing and any other relevant information.

Investigation and evidence

The evidence considered included:

  • [Manager's observations]
  • [Witness statements]
  • [Relevant records or documentation]
  • [Relevant workplace or health and safety records]
  • [Employee's explanation]
  • [Other relevant evidence]

During the hearing, you explained that [summarise the employee's explanation or response].

I have taken your explanation and any relevant mitigating circumstances into account when reaching my

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£9.99
Specifications
Access 12 months, with updates
Length 2 pages • 692 words
Jurisdiction England, Wales, Scotland
Based on UK law, ACAS guidance
Last update 30/09/2026
Update reason HR best practice review.
Next review 30/03/2027
Delivery & Format Instant digital delivery, .doc · .txt · email

What is a gross misconduct or summary dismissal for intoxication letter?

Gross misconduct or summary dismissal for intoxication letter template preview

This letter provides a formal written record of a disciplinary outcome where an employee has been found to have been intoxicated at work or otherwise affected by alcohol or drugs in circumstances that amount to gross misconduct. It is designed for use after the employer has investigated the circumstances and completed a fair disciplinary process.

Recording the circumstances

The letter provides space to set out what happened, when and where the incident occurred, the evidence considered and any relevant workplace rules or health and safety requirements.

Considering the employee's explanation

The employee's explanation and any relevant circumstances should be considered before a decision is made. The template records the employee's response and explains how this was taken into account.

Explaining gross misconduct

The letter explains why the conduct is considered sufficiently serious to amount to gross misconduct, taking account of the organisation's disciplinary rules, the circumstances of the incident and any actual or potential impact on safety, colleagues, customers or the organisation.

Confirming summary dismissal

Where dismissal without notice has been decided following a fair process, the letter confirms that employment terminates immediately and that no notice or payment in lieu of notice is due, while making clear that other sums properly owed, such as accrued holiday, will still be dealt with.

Providing an appeal

The letter gives the employee a clear opportunity to appeal the decision. The appeal should be considered impartially and, where reasonably practicable, by someone who was not previously involved in the disciplinary decision.

Example

An employee arrived at a manufacturing workplace shortly before the start of a production shift. Their manager observed that they appeared unsteady and had difficulty following routine instructions. The employee was removed from safety-sensitive duties and the incident was referred for investigation.

During the investigation, the manager recorded the observations made at the time, obtained statements from relevant witnesses and reviewed the Company's alcohol and drugs policy. The employee was subsequently invited to a disciplinary hearing on allegations that they had attended work while under the influence of alcohol and had presented a potential health and safety risk.

At the hearing, the employee accepted that they had consumed alcohol before attending work but explained that they had not believed they were still affected when they arrived. The decision-maker considered this explanation, the employee's account, the evidence available and the safety requirements of the role.

The Company concluded that the employee had attended work while intoxicated and that the conduct amounted to gross misconduct under its disciplinary rules. Given the seriousness of the conduct and the potential safety consequences, the decision-maker concluded that summary dismissal was appropriate. The employee's employment was terminated without notice, subject to their right of appeal.

The wider HR process

Related HR resources and workflow

Explore the HR resources that may be relevant before and / or after using the Gross misconduct or summary dismissal for intoxication letter, helping you understand the wider process, maintain appropriate documentation and follow a consistent approach.

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Implementation guidance

Use these best practice actions, recommended timescales and process stages to understand when and how the Gross misconduct or summary dismissal for intoxication letter should be used, helping ensure each step is handled consistently and appropriately documented.

Step Description Responsibility Timing
1 Secure the immediate workplace situation, particularly where the employee may present a safety risk, and record factual observations without assuming the cause of the employee's condition. Manager / H&S / HR Immediately when concern arises
2 Investigate the circumstances, including relevant witness evidence, policies, observations, records and any explanation provided by the employee. Investigating manager / HR As soon as reasonably practicable
3 Hold a disciplinary hearing after giving the employee sufficient information and a reasonable opportunity to respond to the allegations and potential outcome. Disciplinary decision-maker / HR Following investigation
4 Consider the evidence, employee response, relevant policy, seriousness, health and safety implications, consistency and any mitigating circumstances before deciding the outcome. Authorised decision-maker After hearing
5 Issue the written outcome, confirm termination arrangements where summary dismissal is decided, process final pay and provide the employee with a right of appeal. HR / Decision-maker As soon as reasonably practicable after decision
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Common mistakes

Understand the common mistakes to avoid when using this HR template, helping you reduce risk, prevent unnecessary costs and ensure the process is handled correctly.

  • Assuming that appearing intoxicated automatically proves alcohol or drug use
  • Failing to investigate the circumstances and consider alternative explanations for observed behaviour
  • Dismissing immediately without giving the employee a fair opportunity to respond
  • Calling the conduct gross misconduct when the organisation's disciplinary rules do not support that classification or the circumstances do not justify it
  • Failing to consider relevant health, disability or substance dependency issues where they may be relevant
  • Failing to provide written reasons and a clear right of appeal
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HR considerations

UK employment law and best practice

This template is designed to support the process, but the document should be used alongside the relevant HR procedure and applied to the circumstances of the individual case.

Gross misconduct

Gross misconduct involves conduct that is very serious or has very serious effects. Whether intoxication amounts to gross misconduct will depend on the organisation's rules and the particular circumstances. Employers should clearly identify relevant examples of gross misconduct in their disciplinary rules. https://www.acas.org.uk/dismissals/types-of-dismissal

Alcohol and drugs at work

Employers should have clear rules about alcohol and drugs at work and explain what behaviour may lead to disciplinary action. The seriousness of intoxication may depend on factors including the employee's role, workplace risks, the effect on others and the organisation's rules. https://www.acas.org.uk/managing-drugs-and-alcohol-in-the-workplace

Fair procedure for gross misconduct

Even where gross misconduct is suspected, the employer should investigate the circumstances and give the employee a fair opportunity to respond before deciding whether dismissal is appropriate. A fair procedure should be followed before summary dismissal is imposed. https://www.acas.org.uk/disciplinary-procedure-step-by-step/step-1-understanding-the-options

Summary dismissal

An employer can dismiss an employee without notice where gross misconduct is established and summary dismissal is justified. The employee would normally leave immediately and would not receive notice pay, although they remain entitled to other sums properly due, such as accrued holiday. https://www.acas.org.uk/dismissals/dismissals-with-and-without-notice

Safety-sensitive work

The potential consequences of intoxication can be particularly serious where an employee operates machinery, drives vehicles, works at height or carries out other safety-sensitive duties. Employers should consider the actual risks and evidence rather than treating every incident identically. https://www.hse.gov.uk/workplace-health/drug-alcohol-misuse.htm

Health, dependency and disability

Where an employee raises an underlying health condition, dependency or disability, the employer should consider whether this is relevant to the circumstances and whether additional support or reasonable adjustments need to be considered. An employer should not assume that an alcohol or drug-related issue is purely a disciplinary matter without considering relevant individual circumstances. https://www.acas.org.uk/managing-drugs-and-alcohol-in-the-workplace

Right to be accompanied

Employees have a statutory right to be accompanied at a disciplinary hearing where a formal disciplinary outcome is being considered and at an appeal hearing, subject to the statutory requirements. https://www.gov.uk/disciplinary-procedures-and-action-at-work/disciplinary-hearings

Written dismissal outcome

Where an employee is dismissed, the employer should tell them the reasons for dismissal, the date their employment ends, the applicable notice arrangements and their right of appeal. https://www.acas.org.uk/disciplinary-procedure-step-by-step/step-5-deciding-on-the-disciplinary-outcome

Appeal

An employee should be given an opportunity to appeal a disciplinary dismissal. The appeal should be handled impartially and, wherever possible, by someone who was not previously involved in the case. https://www.acas.org.uk/acas-code-of-practice-on-disciplinary-and-grievance-procedures/html

Final pay and holiday

Summary dismissal removes the entitlement to notice pay where dismissal for gross misconduct is justified, but the employer must still deal with other sums properly due, including accrued holiday entitlement. https://www.acas.org.uk/dismissals/dismissals-with-and-without-notice

Health and safety reporting

Where an intoxication incident involves an accident, injury or other reportable event, the employer should consider its health and safety reporting obligations separately from the disciplinary process. https://www.hse.gov.uk/riddor/

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FAQs

Does being intoxicated at work automatically amount to gross misconduct?

No. The employer should consider the organisation's disciplinary rules and the circumstances of the incident. Factors may include the employee's role, safety risks, actual or potential consequences, evidence available and any relevant explanation or mitigating circumstances.

Can an employee be dismissed without notice for intoxication?

Potentially, where the conduct is established as gross misconduct and summary dismissal is a reasonable outcome following a fair disciplinary process. Dismissal without notice should not be treated as automatic.

Does the employer have to investigate if the employee appears intoxicated?

Yes. The employer should investigate the circumstances before deciding on dismissal. Observed signs such as smell of alcohol, unsteadiness or unusual behaviour do not necessarily establish the cause of the employee's condition.

What if the employee says they have an alcohol or drug dependency?

The employer should consider the information carefully and determine whether a health or disability issue may be relevant. Depending on the circumstances, occupational health advice or other support may be appropriate. This does not necessarily prevent disciplinary action where misconduct is established.

Does summary dismissal mean the employee receives no final pay?

No. Summary dismissal normally means there is no notice period or notice pay. The employee should still receive other sums properly due, such as unpaid wages and accrued holiday entitlement, subject to lawful deductions.

Why use HRDocBox rather than AI?

HRDocBox provides structured, UK-focused HR templates designed around practical employment processes and current Acas, employment law, health and safety and data protection guidance. AI can help adapt wording, but a ready-to-use template provides a consistent starting point and helps ensure key procedural points are covered.

Customer reviews

What people are saying

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A sensible document to have ready for keeping the process moving

SIMON • 27 Mar 2026

It gave us a useful reference when checking the final correspondence. The manager could use it without needing a long explanation first. The document fitted neatly into the steps we were already following.

How this content is developed and reviewed

The Gross misconduct or summary dismissal for intoxication letter template is developed using a practical HR methodology that considers current UK employment legislation, ACAS guidance, CIPD good practice and the real-world HR process it supports. Templates and supporting information are regularly reviewed and updated, with additional reviews triggered by significant changes to legislation, guidance or established HR practice, helping ensure each document remains practical, relevant and suitable for UK employers.

About the author

Darryl Horn, Chartered HR Director

Darryl is a Chartered HR professional with over 25 years' experience in senior HR and employee relations roles.

He has extensive practical experience of managing dismissal HR processes and founded hrdocbox to provide businesses with practical, professionally developed HR resources grounded in UK employment law and best practice.

HRDocBox has been creating practical UK HR documents since 2009.

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"Darryl provides support and advice with excellent judgement, and has a strong understanding of people, policies and UK employment legislation."

"He is someone I trust; consistent, dependable, and committed to doing things properly."

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Ruth Brock Chief Executive Officer The Hygiene Bank
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