This Gross Misconduct - Suspension Letter can be used where the Company wishes to suspend the employee from work in order to establish the facts.
If an employee commits 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. Alternatively, the employer may chose to suspend the employee while an investigation of the alleged gross misconduct takes place and to have a subsequent meeting with the employee rather than summarily dismiss the employee.
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 and contained within the Disciplinary Procedures and Policy is a non-exhaustive list of offences that the Company will normally regard as gross misconduct.
It is imperative that a fair and reasonable procedure is followed throughout the disciplinary procedure, especially in cases of gross misconduct. Please see the Disciplinary Policy and Procedure, and Guidance Notes: Disciplinary Procedure and this letter should be used in conjunction with these documents.
While the alleged gross misconduct is being investigated the employee can be suspended, however, during the suspension the employee should receive their pay and benefits in accordance with the terms and conditions of their employment.
The Gross Misconduct - Suspension Letter is compliant with the ACAS Code of Practice.
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