Letter confirming final decision on appeal for gross misconduct

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What’s a letter confirming final decision on appeal for gross misconduct and when do you need it?

This is the last letter in our suite of materials to support you where:

• you have been following your disciplinary process• you have decided to dismiss an employee• that employee has appealed your decision, and• you have held an appeal hearing, after which• you have now reached the final conclusion that is set out in this template letter.

The letter contains several drafting options, designed to reflect the different conclusions you have may reached:

  1. to stick to your earlier decision to dismiss the employee – i.e. nothing has changed
  2. to revoke your earlier dismissal decision – which has the effect of it never having been made (the employee is reinstated on their earlier employment terms)
  3. to vary your earlier dismissal decision – which you will need to explain.

In each case, the letter prompts you to make clear why you have reached this decision. It also expressly states that this is your final decision in the process and there are no further rights of appeal under your disciplinary process.

If your conclusion carries bad news for the employee, be prepared for the employee to be resentful, which can make communications between you and them quite challenging as well as implementing any next steps that you need to take.

Prior to sending this letter, you may well want to meet with the employee in person, to deliver this message face to face and then hand them the letter during that meeting.

Dismissal always carries risks, so if you are in any doubt about taking the next steps, we recommend first taking some expert advice.

Finally, you should only use this suite of materials in relation to employees. (If you were to apply your disciplinary proceedings to someone who is not an employee, or to treat them in an equivalent manner, this could lead inadvertently to an employment tribunal concluding that that individual does, in fact, have employment status, with the enhanced rights attaching to such status.

It would be better to seek specific advice on how to handle anyone whose conduct is a problem, but who is not an employee.)