Gross Misconduct Notice of Dismissal

The Gross Misconduct Dismissal Notice should be used to confirm the outcome of a disciplinary meeting where the decision is to dismiss the employee for gross misconduct.

It should only be issued after a reasonable investigation, a disciplinary meeting or hearing at which the employee has had the opportunity to respond, and a fair decision-making process. Even where gross misconduct is established, failure to follow a fair and reasonable procedure may expose the employer to an unfair dismissal claim.

For the wider process, see the Disciplinary Policy and Procedure and the Disciplinary Procedures Guidance Notes.

When to use this gross misconduct dismissal notice

This notice is used once the disciplinary process has been completed and the outcome is summary dismissal for gross misconduct.

In most cases, it will follow the earlier stages of the process, including the Gross Misconduct Suspension Letter and the Gross Misconduct Disciplinary Meeting Notice.

What the dismissal notice covers

The letter records the dismissal decision and the main consequences of that decision in a clear, formal way.

It includes:

- the decision to dismiss and the reasons for it, expressed in factual and neutral terms;
- confirmation that employment terminates with immediate effect by way of summary dismissal;
- confirmation that no notice or payment in lieu of notice is due, other than wages earned up to the dismissal date, with the option to include a discretionary payment if the employer chooses;
- payment of accrued holiday in accordance with the contract;
- arrangements for the return of company property, including what must be returned and the timescale for return; and
- confirmation of the employee’s right to appeal.

Appeal rights and next steps

The notice should make clear that the employee has the right to appeal against the dismissal decision.

If an appeal is brought, see the Conducting Appeal Meetings Guidance Notes.

Why fair procedure still matters

Gross misconduct may justify dismissal without notice, but the employer still needs to show that a fair and reasonable procedure has been followed throughout.

That means a proper investigation, a fair hearing, and a reasoned decision before this notice is issued.

Gross Misconduct Notice of Dismissal is part of Employment. Just £38.50 + VAT provides unlimited downloads from Employment for 1 year.