Summary Dismissal For Gross Misconduct
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FAQ
As such, the employer must establish sufficient evidence that the employee has acted in such a way as to fundamentally breach the employment contract. If the employer fails to provide sufficient evidence, the dismissal may be considered wrongful and the employer may be liable to pay damages.
A good summary dismissal letter should include: The decision to dismiss the employee and how you came to that conclusion. The nature of gross misconduct. Details on how you investigated the case. Their last day of employment. Instructions on returning company property.
Dear [name of employee], I am writing to confirm the decision taken during your disciplinary hearing on the [insert date of hearing] to summarily dismiss you for gross misconduct. Further, I can confirm that the decision to dismiss was made with immediate effect, from that date, without notice or pay in lieu of notice.
Just make sure you document the termination process well, including evidence of the misconduct. Write a letter of termination listing the behavior and reason for firing, and save a copy for your records. This will serve as valuable evidence if you need to prove it later on.
You can appeal against the decision to sack you for gross misconduct if you consider that you are not guilty of the misconduct charge. You should appeal the decision immediately. See our guide on Appeals for practical guidance.