Heat of the moment dismissal withdrawal letter template3 minute read
If an employee is sacked in the heat of the moment, send this model dismissal withdrawal letter to ask them to return to work so that any issues can be resolved.
What is a Heat of the moment dismissal withdrawal letter?
A heat of the moment dismissal withdrawal letter is issued to an employee who has been dismissed from their job due to some immediate reaction or impulse by the employer, and the employer wishes to retract the dismissal decision. The letter is typically written in response to a situation where the employer may have acted impulsively or without proper consideration, resulting in a wrongful dismissal of the employee.
The letter usually includes an apology for the hasty decision and offers to reinstate the employee's job, either immediately or after a certain period of time. The letter may also include an explanation of the circumstances that led to the dismissal and how the employer plans to rectify the situation.
It's important to note that while such a letter may provide a pathway for an employee to be reinstated, it does not necessarily guarantee job security or protection from future disciplinary actions or dismissals.
What legal and best practice aspects should employers be aware of?
Fairness: The withdrawal letter should aim to rectify an unfair dismissal decision made in the heat of the moment, and ensure that the employee is being treated fairly in accordance with the law.
Discrimination: Employers must avoid any discriminatory behaviour or language when communicating with the employee, or they could be in breach of discrimination legislation.
Notice period: Employers must provide employees with the correct notice period as set out in their employment contract or statutory notice periods, even if the employee was dismissed in the heat of the moment.
Reinstatement: If the employer is offering to reinstate the employee, they must ensure that the employee is reinstated in the same or similar role, with the same pay and benefits as they had before the dismissal.
Written communication: Employers should provide the withdrawal letter in writing, and ensure that it clearly explains the reason for the dismissal and the reasons for the withdrawal of the decision.
Grievance procedure: Employers should follow their grievance procedure if the employee raises any concerns or issues regarding the withdrawal of the dismissal decision, and investigate any grievances raised in a fair and timely manner.
ACAS Code of Practice: Employers should follow the ACAS Code of Practice on disciplinary and grievance procedures when dealing with any disciplinary or dismissal issues, including the withdrawal of a dismissal decision.
Clear and unambiguous words of dismissal said by a manager to an employee will constitute a dismissal, provided the latter was entitled to assume that the dismissal decision was unambiguous.
The employment contract often specifies that notice of termination by either party must be in writing. This can provide a useful safeguard against disputes that arise from heat of the moment resignations or dismissals.
Heat of the moment dismissal withdrawal [Delete this line]
Dear [Recipient first name],
We are writing to you following the incident on [date] when you left work after an argument with [name of individual/your manager].
We are aware that feelings were running high at the time. Now that there has been some time for all parties to cool off, I am keen to clarify the situation.
[Name] has told us that [they [overreacted in dismissing you | it was not his/her intention to dismiss you and you may have misunderstood their words].
It was wrong of [name] to dismiss you without going through the correct disciplinary procedure.
Please contact [name] so that we can discuss what happened and arrange to meet to talk about whether or not you would be willing to come back to work.
You are a valued employee and we would wish to retain you in our employment.
Yours [faithfully | sincerely],
[Sender job title]
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