Gross Misconduct Suspension Letter
Gross misconduct allegations must be serious and generally apply to theft or fraud; violence, assault or threats; serious harassment or discrimination; deliberate and/or reckless breach of health & safety; damage to property or gross negligence; breach of confidentiality or data theft. If an employee commits such an act of gross misconduct, the Company is entitled to summarily terminate the employee’s contract of employment without notice or payment in lieu of notice. However, it is important that employers are fair and fully investigate allegations prior to any dismissal to ensure they are protected from an employment tribunal claim.
In What Circumstances Should a Suspension be Considered?
This Gross Misconduct Suspension Letter can be used where the Company wishes to suspend the employee from work rather than summarily dismiss the employee in order to establish the facts. By suspending the employee the Company can help ensure a fair investigation process and prevent interference with evidence, influence of witnesses and pose a risk to staff, property or business operations.
Suspension should be a last resort where the issue cannot be managed by changing shifts or restricting duties, and proportionate to the risk.
For an act to amount to gross misconduct it must be serious enough in order to justify summary dismissal. It is up to the Company to reasonably determine what acts amount to gross misconduct. The Disciplinary Procedures and Policy contains a non-exhaustive list of offences that the Company will normally regard as gross misconduct.
What are the Key Details of the Suspension Letter?
The letter is precautionary and neutral, not disciplinary or a presumption of guilt. It is a written formal confirmation of the suspension stating continuation of pay and benefits, and states that the employee must not contact colleagues, customers, or suppliers without permission.
Furthermore, it declares that a disciplinary meeting shall be arranged if the investigation indicates gross misconduct or the suspension lifted if it does not. If a disciplinary meeting is required please download the Gross Misconduct Disciplinary Meeting Notice.
It is imperative that a fair and reasonable procedure is followed throughout the disciplinary procedure, especially in cases of gross misconduct. To help ensure compliant practice please download the Disciplinary Procedure Guidance Notes as well as the Procedure and Policy.
The Gross Misconduct Suspension Letter is compliant with the ACAS Code of Practice.
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