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Misconduct Dismissal Notice UK: Employer Guide 2026

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Part ofUK Employment Law Guide for Employers (2025)

Written by Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
Letting an employee go is rarely straightforward, and when the reason is misconduct, the paperwork matters enormously. A poorly worded or procedurally flawed dismissal notice can undo months of careful disciplinary work and leave an employer exposed to an unfair dismissal claim. The Notice of Dismissal for Misconduct is the formal written confirmation that ends the employment relationship after a fair disciplinary process has run its course. This guide walks through when a notice of this kind is appropriate, what it should cover, and how to keep your process aligned with the ACAS Code of Practice on Disciplinary and Grievance Procedures. Whether you run a small business or manage HR in a larger organisation, getting the notice right is one of the most important protections you have if the decision is later challenged at an employment tribunal.

What this document is

A Notice of Dismissal for Misconduct is a written communication from an employer confirming that an employee's contract is being terminated because of their conduct at work. It usually follows a sequence of warnings, an investigation, and a formal disciplinary hearing where the employee has had the opportunity to respond to the allegations.

The notice records the outcome of that process in plain terms: the conduct that led to dismissal, the procedural steps taken, the effective date of termination, and the employee's right to appeal. Misconduct can cover a wide range of behaviour, from persistent lateness and poor timekeeping through to more serious matters such as dishonesty, bullying, or breach of company policy.

Gross misconduct, which is conduct so serious it fundamentally breaks the employment relationship, can justify summary dismissal without notice. Ordinary misconduct usually requires a staged approach with prior warnings. The notice itself does not create the right to dismiss; that comes from the employee's contract and the statutory framework. What the notice does is evidence that the decision was reached fairly and communicated properly.

How to use this document

  1. Investigate before you decide. Gather the facts before taking any formal action. Speak to witnesses, review emails, CCTV or records, and give the employee a chance to share their side informally. A rushed investigation is one of the most common reasons tribunals find dismissals unfair, so take the time to build a clear picture of what actually happened.
  2. Invite the employee to a disciplinary hearing. Send a written invitation setting out the allegations in specific terms, the evidence you are relying on, and the possible outcomes including dismissal. Give reasonable notice, share any documents you intend to rely on, and remind the employee of their right to be accompanied by a colleague or trade union representative.
  3. Hold the hearing fairly. Let the employee respond to each allegation, ask questions, and present their own evidence or witnesses. Take proper notes. The person chairing the hearing should ideally not have been involved in the investigation, and they should keep an open mind until all the evidence has been considered.
  4. Issue the written notice of dismissal. If dismissal is the outcome, put it in writing promptly. Set out the misconduct that has been found, reference any earlier warnings still live on the employee's record, state the effective date of termination, confirm the notice period or payment in lieu, and clearly explain the right of appeal with a deadline.
  5. Handle the appeal and final arrangements. If the employee appeals, arrange a hearing with someone more senior who was not part of the original decision where possible. Once the process concludes, deal with outstanding pay, accrued holiday, return of company property, and final payslip or P45 in the usual way.

Common questions

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Common questions

Q Do I have to give written reasons when dismissing for misconduct?
Employees with two years or more of continuous service have a statutory right to request a written statement of the reasons for their dismissal, and you must provide one within a set period. Even where there is no legal obligation, putting the reasons in writing is strongly advisable. A clear written notice shows the decision was considered and gives you a record to rely on if the dismissal is challenged later.
Q What is the difference between ordinary misconduct and gross misconduct?
Ordinary misconduct usually involves behaviour that falls short of expected standards but is not so serious that it ends the relationship immediately. It typically attracts warnings before dismissal. Gross misconduct is conduct so serious it destroys the trust and confidence at the heart of the employment relationship, such as theft, violence, or serious dishonesty. Gross misconduct can justify summary dismissal without notice, provided a fair process has still been followed.
Q Does the ACAS Code of Practice apply to every dismissal?
The ACAS Code applies to disciplinary and grievance situations in the workplace, including conduct-based dismissals. Failing to follow it does not automatically make a dismissal unfair, but a tribunal can increase any compensation award by up to 25 percent where an employer has unreasonably failed to comply. Following the Code is therefore both good practice and a sensible risk management step.
Q How much notice do I need to give an employee being dismissed for misconduct?
For ordinary misconduct, you generally need to give the contractual or statutory minimum notice, whichever is longer. The statutory minimum depends on length of service. For gross misconduct, summary dismissal without notice may be justified. You can also pay in lieu of notice if the contract allows. Always check the specific employment contract before deciding, as this affects both pay and the termination date.
Q Can the employee still bring an unfair dismissal claim even if I followed the process?
Yes. Employees with the required qualifying service can bring a claim regardless of how carefully you handled things. Your protection lies in being able to show the reason for dismissal was genuine, that it fell within one of the fair reasons under the Employment Rights Act 1996, and that you followed a fair procedure. Strong documentation from investigation through to appeal is what tends to make the difference.
Q Do I have to offer a right of appeal?
Offering a right of appeal is a core part of the ACAS Code and is expected in almost every case. The notice should state how long the employee has to appeal, usually a short window of several working days, and who to submit it to. Skipping the appeal stage is one of the most common procedural failings tribunals point to, and it can significantly weaken your defence if the dismissal is challenged.
Q What should I do about final pay and accrued holiday?
Final pay should include salary up to the termination date, any accrued but untaken statutory holiday, and any contractual entitlements still owed. If you are paying in lieu of notice, that should be set out clearly. Deductions need contractual authority or the employee's written consent. Issue a final payslip and a P45, and deal with pension contributions and any benefits in the usual way.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.

Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

Written & reviewed by

Brad Askew Solicitor (non-practising)

Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.

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Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.