Gross Misconduct Procedure and Letters Templates
Gross misconduct is the most serious type of disciplinary issue — behaviour so serious that it may justify summary dismissal (i.e. dismissal without notice). Employers must still act fairly and follow the principles in the ACAS Code of Practice, and/or their Disciplinary Policy and Procedure otherwise a dismissal could be judged unfair at an Employment Tribunal.
What is Gross Misconduct?
Examples of gross misconduct include theft, violence, serious bullying/harassment, gross negligence, serious breach of health & safety, and fraud. Employers must consider if the behaviour genuinely meets the “gross misconduct” threshold.
How Best to Manage Gross Misconduct?
The templates below, drafted by lawyers and experienced HR Professionals, support the various compliant stages of the procedure to manage employee gross misconduct.
1. Identify and assess the allegation.
2. Investigate thoroughly by interviewing witnesses, collecting documents and if appropriate speak with the employee. If necessary to protect evidence and staff, the employee can be suspended. Download the Gross Misconduct Suspension Letter. This template explains that the suspension is precautionary, not disciplinary, and pay/benefits continue. Keep records of all findings in stages 1 and 2.
3. Invite the employee to a disciplinary meeting. Download Gross Misconduct Disciplinary Meeting Notice. This template outlines the allegations and states they may amount to gross misconduct; advises on right to be accompanied; encloses relevant evidence, and confirms potential outcomes (including dismissal). It also clarifies if suspension continues.
4. Hold the disciplinary meeting: To assist with this stage download the Guidance Notes on Conducting Disciplinary Meetings. Applying the guidance will help to ensure that the procedure/meeting complies with employment law and regulations.
5. Decide the Outcome and confirm in writing.
- If the case is not proven, lift the suspension and reinstate.
- If the outcome is misconduct but not “gross”, issue an appropriate warning, for example by using Misconduct First Formal Warning.
- If gross misconduct is proven, send the Gross Misconduct Notice of Dismissal.
6. Allow an appeal: the above Notice provides an appeal route ensuring procedural fairness.
In respect of dealing with appeals a full set of templates can be downloaded at Appeal Notices and Hearings.
What are the Benefits of Using these Gross Misconduct Templates?
The documents provide both structure and compliance, aligning with ACAS guidance and employment law. They help define each stage (suspension, hearing, dismissal) with rights and expectations clearly set out, enabling staff to understand the allegations and prepare, and provide an audit trail which is vital for defending tribunal claims.
Please view the full list of Gross Misconduct templates below:
- Gross Misconduct Suspension Letter
- Gross Misconduct - Notice Of Disciplinary Meeting
- Gross Misconduct Notice of Dismissal
Gross Misconduct Procedure and Letters Templates is part of Employment. Just £38.50 + VAT provides unlimited downloads from Employment for 1 year.