Conduct and discipline

Dismissal for misconduct, with notice letter

Ends the employment following a disciplinary hearing where a live final warning has been followed by further misconduct.

There is a live final written warning, further misconduct has been found at a hearing that flagged dismissal as possible, and you have decided the relationship is at an end. The employee is dismissed with notice (worked or paid in lieu). Summary dismissal without notice is a different letter for gross misconduct.

Before it goes

  • The invitation letter said dismissal was a possible outcome.
  • The earlier final written warning is still live and was itself properly issued.
  • You have considered alternatives to dismissal (demotion, transfer, a further final warning) and can say why they are not appropriate.
  • You know the notice due and whether pay in lieu is allowed.

The letter

[COMPANY NAME] [COMPANY ADDRESS] [DATE] [EMPLOYEE NAME] [EMPLOYEE ADDRESS] Dear [EMPLOYEE FIRST NAME], Outcome of disciplinary hearing: dismissal with notice I am writing to confirm the outcome of the disciplinary hearing held on [HEARING DATE], chaired by me, at which you were accompanied by [COMPANION NAME / at which you chose not to be accompanied]. The allegation considered was: [ALLEGATION, as stated in the invitation letter.] Having considered the evidence and your response, in particular [WHAT THEY SAID], I have concluded that the allegation is upheld, because [REASONING]. You received a final written warning on [DATE] for [MATTER], which remains live until [DATE]. That warning made clear that further misconduct while it was live was likely to result in dismissal. I have considered whether any alternative to dismissal would be appropriate, including [ALTERNATIVES CONSIDERED], and concluded that it would not, because [REASON]. I have therefore decided that you are dismissed with notice. Your contractual notice period is [NOTICE], and your employment will end on [TERMINATION DATE]. [You are required to work your notice. / You will not be required to work your notice and will instead be paid in lieu of notice, so your last day of employment is [DATE].] Your final pay will include pay to your last day, [pay in lieu of notice,] and payment for [NUMBER] days of accrued but untaken holiday, less any lawful deductions. Your P45 will follow by post. Please return [COMPANY PROPERTY] to [NAME] by [DATE]. You have the right to appeal against this decision. If you wish to appeal, write to [APPEAL MANAGER NAME] at [ADDRESS / EMAIL] within five working days of receiving this letter, setting out your grounds of appeal. If an appeal is lodged, the dismissal will stand pending its outcome. Yours sincerely, [MANAGER NAME] [JOB TITLE] [COMPANY NAME]

Filling it in

Alternatives considered
Name them. A tribunal asks whether dismissal was within the range of reasonable responses; showing you thought about the alternatives is how you answer.
Notice
Statutory is one week per complete year up to twelve; the contract may say more. Pay the longer. Pay in lieu needs a contractual clause or agreement.

What the law says

  • Employment Rights Act 1996 s.98: conduct is a potentially fair reason; the dismissal must also be reasonable in all the circumstances.
  • Employment Rights Act 1996 s.86: minimum notice of one week per complete year of service, up to twelve weeks.
  • Employment Rights Act 1996 s.92: written reasons for dismissal on request; this letter provides them anyway.
  • Acas Code of Practice on disciplinary and grievance procedures: a tribunal can adjust compensation by up to 25% for an unreasonable failure to follow it.
Guidance, not legal advice. Employment law moves; check the current position before relying on any of it, and take advice on anything that could end someone's employment.

What turns this letter into a claim

  • Do not dismiss with notice for gross misconduct, or summarily for ordinary misconduct. Match the sanction to the finding.
  • Do not backdate the dismissal to the hearing. It takes effect when the decision is communicated.

Questions people ask

What is the difference between this and summary dismissal?

This letter dismisses with notice, for misconduct on top of a live final warning. Summary dismissal is without notice, for a single act of gross misconduct that destroys the relationship on its own. The process is the same; the notice pay is the difference.

Should I let them work their notice?

Usually not, in a conduct dismissal. Pay in lieu if the contract allows. If it does not, garden leave (paid, at home, still employed) is the alternative.

The letter, with the names already in

Employ AI drafts letters like this one from the employee's record, so the dates, service and pay are already right, and the disciplinary module writes the invitation and outcome letters from the case itself. All 44 letter families, 49 UK policies, GPS clock-in, rotas, leave and timesheets: £2.50 a month plus £1 per employee. 14 days free, no card.

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