Small businesses need to have a process in place for misconduct and gross misconduct disciplinary meetings.
Download a free, customisable misconduct and gross misconduct meeting letter template to make sure you’re following the right steps.
Read on to find out what constitutes gross misconduct in the workplace, examples of gross misconduct, and how your business can handle misconduct smoothly.
Choose to download your template now, or get it directly from Farillio’s site where you’ll also get access to their full suite of customisable legal templates.
This document has been produced by Farillio so we can’t take responsibility for its contents. We'd recommend you take professional advice before making any important decisions based on its contents.
Anything defined as ‘misbehaviour’ by an employee can be classed as misconduct.
Usually, there are three types of misconduct, depending on how serious the misbehaviour is. These are general misconduct, serious misconduct, and gross misconduct.
Gross misconduct is when your employee’s behaviour damages their relationship with you beyond repair.
It can open the pathway to rapid dismissal, without notice or pay in-place of notice, but you’ll need to follow a legal, fair process.
It depends on how serious the misconduct is. For example, regularly arriving late, inappropriate clothing, or general ‘time-wasting’ would usually constitute general or serious misconduct.
So, what counts as gross misconduct at work? Here are a few examples:
In any misconduct scenario, clarity is key. Setting the position and next steps out in a legal letter format will help you, your employee, a court or tribunal, and anyone else involved to understand the process you’re following.
If your employee’s behaviour is deemed as misconduct, such as arriving late or not meeting your dress code, it can be beneficial to have an informal discussion first.
This can help you to resolve the issue without taking formal action. The informal discussion letter template sets out the basic details of the meeting, including:
The letter should also explain that the meeting isn’t part of the formal disciplinary process, but make clear that formal action could be taken if the behaviour being discussed continues.
If you need to call a meeting with a member of staff to discuss allegations of gross misconduct, you’ll need to send them a letter.
The customisable disciplinary letter template allows you to explain to the employee that allegations have been made against them, or that following their suspension you’re calling a meeting to discuss their behaviour.
You should include the following information in the letter:
You’ll also need to outline any relevant documents or witness statements you’ve already received, while it’s good practice to attach a copy of your disciplinary policy to the letter.
As well as the letter to call a gross misconduct meeting, these are some of the letters you may need to send to employees as part of your disciplinary procedure:
If a member of staff has committed general or serious misconduct, these are some of the letters you may need to send them:
If you’re satisfied that there are grounds for gross misconduct, you may wish to start proceedings by suspending your employee (on full pay).
Sometimes this isn’t necessary, and your first step will be to send them an invite to a disciplinary hearing for gross misconduct.
At the meeting itself, you’ll cover these key areas:
Use our disciplinary policy template for details on how to run the agenda, and invite others to attend – noting that employees have a right to be accompanied in these meetings.
All small businesses have different legal requirements, but many don’t have the resources for an in-house legal team.
That’s why Farillio develop customisable, downloadable legal documents for small businesses.
Here are some other templates to help you run your business smoothly:
We strongly advise you to take expert legal advice, before and throughout, in case of any fall-out from misconduct proceedings.
Looking for the latest news and features to help you stay ahead? Sign up for our monthly newsletter and get the inside track on the issues that matter to you.Sign up now
We create this content for general information purposes and it should not be taken as advice. Always take professional advice. Read our full disclaimer
6th Floor99 Gresham StreetLondonEC2V 7NG
Sol House29 St Katherine's StreetNorthamptonNN1 2QZ
© Copyright 2022 Simply Business. All Rights Reserved. Simply Business is a trading name of Xbridge Limited which is authorised and regulated by the Financial Conduct Authority (Financial Services Registration No: 313348). Xbridge Limited (No: 3967717) has its registered office at 6th Floor, 99 Gresham Street, London, EC2V 7NG.