Gross Misconduct - Notice Of Disciplinary Meeting
The Gross Misconduct Disciplinary Meeting Notice should be used where an investigation has concluded that there is a case to answer for alleged gross misconduct and the employer needs to invite the employee to a formal disciplinary meeting.
Gross misconduct is misconduct serious enough to justify summary dismissal. It is for the employer to decide, acting reasonably, what conduct amounts to gross misconduct. A non-exhaustive list of offences the company will normally treat as gross misconduct is included in the Disciplinary Procedures and Policy.
If gross misconduct is established, the company may be entitled to dismiss without notice or payment in lieu of notice. That said, no decision should be made until a fair investigation and disciplinary process have been completed.
When to use this gross misconduct disciplinary meeting notice
This notice should be used after a reasonable and fair investigation into the alleged gross misconduct has been carried out. The investigation must come before any decision on dismissal.
During the investigation, the employer may decide to suspend the employee. Where suspension is required, see the Gross Misconduct Suspension Letter.
Notes of the investigation, together with relevant documents and evidence, should be retained. Once the investigation is complete and indicates gross misconduct, this notice can be issued.
What the disciplinary meeting notice covers
The letter is formal and neutral. It is designed to avoid any suggestion that guilt has already been decided.
It covers the key procedural points, including:
- written notice of the allegations, clearly described, with supporting documents enclosed;
- the time, date, location, and attendees for the meeting;
- confirmation that the employee will have an opportunity to respond;
- the employee’s right to be accompanied;
- notice that dismissal is a possible outcome, but that no decision will be made until after the meeting;
- the option for the employee to request an alternative date and any reasonable adjustments;
- contact details for any questions; and
- an optional clause confirming whether the employee remains suspended pending the meeting.
Fair procedure and ACAS compliance
Gross misconduct cases must be handled using a fair and reasonable procedure throughout. This template is drafted to satisfy ACAS Code of Practice principles for disciplinary procedures.
For guidance on running the meeting itself, see the Conducting Disciplinary Meetings Guidance Notes.
Additional procedural guidance is available in the Disciplinary Procedures Guidance Notes.
Next step if the allegation is proven
If the outcome of the disciplinary meeting is that the gross misconduct allegation is upheld, see the Gross Misconduct Dismissal Notice.
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