Gross misconduct or summary dismissal letter template

What is this for?

If an employee commits a serious offence (known as gross misconduct), summary dismissal is possible.

In this scenario, a letter dismissing an employee on grounds of gross misconduct should be used to set out the reasons for their dismissal and formalise the process.

• Employment Rights Act 1996: Outlines legal provisions for summary dismissal, including cases of gross misconduct.

• Acas Code of Practice on Disciplinary and Grievance Procedures: Provides guidance on fair and transparent disciplinary processes, including the dismissal of employees for gross misconduct.

• Equality Act 2010: Ensures that dismissal decisions are not discriminatory and do not infringe upon employees' protected characteristics.

• Data Protection Act 2018 (incorporating GDPR): Mandates the handling of personal data within the dismissal letter in compliance with data protection principles.

• Best Practice: Clarity and Fairness: Ensure that the dismissal letter clearly outlines the reasons for dismissal, adheres to procedural fairness, and offers the employee an opportunity to appeal the decision.

Scenario: Summary Dismissal for Gross Misconduct at ABC Limited

ABC Limited, a prominent finance company, faces an allegation of gross misconduct against one of its employees, John Smith. HR Manager Sarah takes immediate action by suspending John pending an investigation into the allegations. She appoints an independent investigator and a disciplinary hearing chair to ensure fairness and impartiality throughout the process.

Background

John Smith, a senior finance executive at ABC Limited, has been with the company for five years and has generally been regarded as a reliable and diligent employee. However, a recent incident has come to light where John was found to have engaged in fraudulent activity by falsifying financial records to conceal personal financial gain.

Suspension and Appointment of Investigator

Upon receiving the allegations of gross misconduct against John Smith, Sarah exercises her discretion to suspend him from his duties with immediate effect. The suspension is a precautionary measure to protect the integrity of the investigation process and prevent any potential interference with evidence or witnesses.

Sarah promptly appoints an independent investigator with expertise in employment law and disciplinary procedures to conduct a thorough and impartial investigation into the allegations against John. The investigator is tasked with gathering evidence, interviewing witnesses, and compiling a comprehensive report of findings.

Appointment of Disciplinary Hearing Chair

In addition to appointing an investigator, Sarah selects a qualified and impartial individual to serve as the disciplinary hearing chair. The disciplinary hearing chair is responsible for overseeing the disciplinary proceedings, ensuring adherence to procedural fairness, and making a disciplinary decision based on the evidence presented.

To uphold transparency and accountability, Sarah ensures that the disciplinary hearing chair is not a director within the company, thereby allowing for an impartial adjudication process and the possibility of appeals if necessary.

Investigation Process

The appointed investigator conducts a thorough and objective investigation into the allegations of gross misconduct against John Smith. This includes gathering witness statements, reviewing relevant documentation, and examining any other evidence pertinent to the case.

Throughout the investigation process, Sarah maintains regular communication with the investigator to provide any necessary support or guidance and to ensure that the investigation progresses in a timely and efficient manner.

Disciplinary Hearing

Once the investigation is complete, the disciplinary hearing is convened, with the appointed disciplinary hearing chair presiding over the proceedings. John Smith is given the opportunity to respond to the allegations and present his case, accompanied by a representative or colleague if desired.

The disciplinary hearing chair carefully considers the evidence presented by both parties before making a disciplinary decision. If John is found guilty of gross misconduct, the disciplinary hearing chair imposes an appropriate disciplinary sanction, which may include summary dismissal.

Follow-Up and Appeals

Following the disciplinary hearing, Sarah ensures that all necessary administrative tasks are completed, including notifying John of the disciplinary decision in writing and providing him with information on the appeals process.

If John chooses to appeal the disciplinary decision, Sarah facilitates the appeals process by appointing an independent appeals panel to review the case and consider any new evidence or arguments presented. The appeals panel, chaired by an impartial individual who was not involved in the initial disciplinary proceedings, ensures that the appeals process is fair, transparent, and impartial.

Communication to Staff

Sarah works with senior management to communicate the dismissal of John Smith to other employees in a sensitive and appropriate manner, ensuring confidentiality and respect for privacy while also reaffirming the company's commitment to upholding ethical standards and maintaining a safe and respectful workplace environment.