Explainers
NHS Gross Misconduct Dismissal: Pension, References, DBS
Independent guidance — not affiliated with NHS England or DHSC
Short answer
A gross misconduct dismissal does not take away your NHS Pension. With two or more years' qualifying membership your benefits are kept as a deferred pension, and NHS Pensions writes to you. Under the 2015 Scheme regulations, benefits can be forfeited only after a conviction for a specific kind of offence, and the Secretary of State decides. Your reference depends on the trust's policy: there is usually no legal duty to give one, but if given it must be accurate and fair. A DBS referral is a legal duty only where there is harm or risk of harm to a child or vulnerable adult. A regulator referral to the NMC, HCPC or GMC is a separate decision. Appeal rights and the tribunal clock run alongside all of these.
Unfair dismissal rules change on 1 January 2027
The qualifying period falls from two years to six months. We will email you what it means for NHS staff before it starts.
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This guide is for NHS staff who have been dismissed for gross misconduct, or face a hearing where it could happen, and want to know what it does to their pension, references, safeguarding record and professional registration. It goes deeper on those four consequences than our overview, dismissed from the NHS: what happens next. FrontlinePay is independent. This is general information, not legal advice: speak to your union rep or a solicitor as soon as you can.
What gross misconduct means in the NHS
ACAS describes gross misconduct as very serious conduct, or conduct with serious effects, and gives fraud, violence, gross negligence and serious insubordination as examples, noting that employers may have their own lists. GOV.UK says an employer can dismiss for gross misconduct without the usual disciplinary steps, but should still investigate the circumstances first. In the NHS, the Terms and Conditions Handbook (paragraph 19.2) leaves the resolution of disciplinary matters to local agreement, so your trust's disciplinary policy decides what it lists as gross misconduct and how it runs the hearing. ACAS also says a fair and reasonable procedure in line with the ACAS Code applies. Our guide to the NHS disciplinary and misconduct process covers the stages.
What happens to your NHS Pension
The short answer to the question people search for, 'if you get sacked from the NHS do you lose your pension', is no. Your pension rights are not tied to why your employment ended. What happens depends mainly on how long you were a member.
| Your membership | What the NHS Pensions guide says |
|---|---|
| Two or more years' qualifying membership | You can leave your benefits in the Scheme (defer them). A deferred pension is usually payable from your Normal Pension Age. You do not need to apply: NHS Pensions writes to you. It rises each year with the cost of living. |
| Less than two years | You may have to take a refund of your own contributions (tax is deducted), unless you rejoin within the time limit: within 12 months for the 1995/2008 Scheme, or a break of five years or less in the 2015 Scheme. |
| Early access later | Once you have reached minimum pension age, you may be able to claim deferred benefits early, with a reduction. If you become permanently incapable of regular work through ill health, NHS Pensions may be able to pay deferred benefits early (form AW240). |
Normal Pension Age is 60 in the 1995 Section, 65 in the 2008 Section, and State Pension age or 65, whichever is higher, in the 2015 Scheme. See NHS Pension deferred benefits explained, the retirement age checker, and, for health-related access, NHS ill-health dismissal and your pension.
Forfeiture: the narrow exception
The 2015 Scheme regulations (Schedule 3, Part 4, paragraph 12) do allow forfeiture, and it is worth knowing how narrow it is. In summary:
- ✓ It needs a conviction. The member must have been convicted of a listed offence, committed before the benefit became payable
- ✓ The offences are specific. An offence connected with the employment that qualifies you for the Scheme, where the Secretary of State has issued a forfeiture certificate; or an Official Secrets Act offence (or certain National Security Act 2023 offences) with a sentence of at least 10 years; and, separately, a beneficiary convicted of killing the member
- ✓ A forfeiture certificate means the Secretary of State is satisfied that the offence was gravely injurious to the State or is liable to lead to serious loss of confidence in the public service
- ✓ The Secretary of State decides, not the trust. A trust dismissing you cannot forfeit your pension
- ✓ Suspension. Since 1 April 2019 the Secretary of State may suspend benefits once a member is charged with, or convicted of, an offence that could lead to forfeiture. If no forfeiture follows, suspended amounts are paid back with interest
Those rules are for the 2015 Scheme regulations we read. The 1995 and 2008 Sections have their own regulations, so if you have benefits there, ask NHS Pensions to confirm in writing. In every case, forfeiture is about a criminal conviction, not about a disciplinary dismissal.
ℹIf you are also facing a criminal charge
A criminal investigation changes everything else on this page: get legal advice before you say anything in a disciplinary or regulator process. Dismissal itself is not a conviction. Do not assume what happens to your pension until you have a written position from NHS Pensions.
References
What ACAS says an employer must do
The law does not usually require an employer to give a reference, with exceptions such as where it has said in writing that it will, including in a settlement agreement. Any reference given must be accurate and fair.
What a reference can contain
A basic work reference is a short factual summary, typically job title and dates. A detailed one can cover skills, reasons for leaving and relevant current disciplinary records, although ACAS says disciplinary records or investigations should generally be left out unless recent and relevant.
Your trust's reference policy can limit what is said and who writes it. A misleading or inaccurate reference can be challenged: ACAS says you can ask for a copy, ask the new employer about their concerns and offer other referees, and, if you cannot resolve it, there may be a claim, in an employment tribunal for discrimination or a court if a misleading or inaccurate reference caused you financial loss. Take advice first because time limits are short. If you are negotiating an exit, an agreed reference can be written into a settlement agreement. Note that ACAS says references must not disadvantage you because of a protected characteristic such as disability or pregnancy.
Applying for NHS jobs afterwards
A conditional offer from an NHS trust is subject to pre-employment checks such as references, DBS and right to work, plus registration for regulated clinical roles. See from conditional offer to start date and the NHS DBS check explained. If an application form or interview asks directly about dismissal, disciplinary action or an ongoing regulator or DBS matter, answer truthfully: a dishonest answer that is found out tends to do far more harm than a plain, factual one. Think about how you will explain it briefly and factually, what has changed, and whether you can name a referee who can speak to your work. A dismissal does not bar you from NHS work as such. A live restriction from a regulator or a DBS bar for the role is what legally stops you. Also check the DWP position if you claim benefits: the overview page explains the sanction risk after a misconduct dismissal.
DBS referral
GOV.UK's guidance on barring referrals says a regulated activity provider, meaning an employer of people doing regulated activity with children or vulnerable adults, must refer where two conditions are met:
- ✓ It withdraws permission for the person to do regulated activity, or moves them to work that is not regulated activity, or would have done so but the person was redeployed, resigned, retired or left
- ✓ It believes the person engaged in relevant conduct, met the harm test, or was cautioned or convicted of a relevant automatic barring offence
The duty still applies if the person resigns, and the employer should complete its investigation even after they leave. Failing to refer without reasonable justification is an offence, with a possible fine of up to £5,000. The harm test is met if a person may harm a child or vulnerable adult, cause someone to be harmed, put someone at risk, or attempt or incite harm. Harm is read broadly, including sexual, physical, financial, emotional, psychological and verbal harm, and neglect. The DBS then decides whether to add the person to one or both barred lists. A barred person cannot take up regulated activity with children and/or vulnerable adults.
So the question is not 'was it gross misconduct' but 'did it involve harm or risk of harm to a child or vulnerable adult'. A dismissal for, say, a timekeeping or recording breach with no risk to anyone would not usually meet the test, whereas an incident of neglect, abuse or exploitation might. A referral is the start of the DBS's own process, not a finding. It can outlast the employment case, so get advice that is specific to the DBS process (your union or a solicitor who handles barring cases) and do not assume your response to the trust covers it.
Regulator referral: NMC, HCPC and GMC
If you are registered, your employer may refer you to your regulator, separately from the dismissal. The regulators treat dismissal as a significant point but not an automatic trigger on its own terms:
| Regulator | What it says employers should do |
|---|---|
| NMC (nurses, midwives, nursing associates) | Managing concerns is often best done locally. Referral is for when it is fair and necessary, or the risk to patients or the public is so serious the NMC needs to act. Employers should be able to show they tried to help the registrant improve, and referrals must not be based on bias or discrimination. |
| HCPC (allied health professionals and others) | Refer immediately for serious concerns, and where the employer has dismissed, suspended or downgraded someone as a result of its investigation, or the registrant resigns during or because of it. Other concerns are referred once the employer's own process concludes. The HCPC tells the employer if it opens an investigation. |
| GMC (doctors) | The GMC runs its own fitness to practise process for doctors, with its own guidance for employers. We do not summarise that guidance here, so check the GMC's website and the guide linked below. |
The regulator then decides whether your fitness to practise is impaired. It is not the question of whether the trust was fair, so winning an appeal does not automatically stop it. Registrants should get advice from their union or a professional indemnity or defence organisation early. See fitness to practise explained and what happens when an employer refers to the NMC.
Appeal and deadlines
ACAS says an employee can appeal a dismissal and that the employer should say so when dismissing them. Appeal windows in trust policies can be short, so check your letter now. An appeal does not stop the tribunal clock. For most claims where the dismissal is on or after 1 October 2026 you must contact Acas within 6 months less a day of your effective date of termination, and within 3 months less a day for earlier dismissals. Work out yours with the tribunal time limit calculator. See how to appeal an NHS dismissal for grounds and the letter, and what a dismissal letter must say for the dates and the reasons.
What to do now
- ✓ Read your dismissal letter for your last day, the reasons, and your appeal deadline
- ✓ Contact your union rep or a solicitor and ask about the appeal and any tribunal claim
- ✓ Write to NHS Pensions to confirm your deferred benefits or refund options, and keep their reply
- ✓ Ask HR what reference the trust will give, in writing
- ✓ If you are registered or work with vulnerable people, ask what referrals have been or will be made, and get specialist advice for them
- ✓ Note your tribunal deadline and consider contacting Acas early to keep the option open
NHS Dismissal Guidance Advisor
Your deadline, a free check of where you stand, and an AI action plan.
NHS Disciplinary Hearing Pack
If you are still before the decision: records request, hearing statement and rep briefing.
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✓Why you can rely on this page
- ✓ Checked on 19 October 2026 against NHS Pensions' leaving guide, the NHS Pension Scheme Regulations 2015 (Schedule 3, Part 4, paragraph 12), ACAS, GOV.UK on DBS referrals, and the NMC and HCPC employer pages
- ✓ Separates what the pension rules say (conviction-based forfeiture only) from what trusts, regulators and the DBS decide
- ✓ Says plainly what it does not cover: the GMC's employer guidance, and the forfeiture rules of the older 1995 and 2008 Sections
- ✓ FrontlinePay is independent and not affiliated with NHS Pensions, ACAS, the DBS or any regulator. This is general information, not legal advice
Related guides
Dismissed from the NHS: What Happens Next
The overview: pay, appeal, tribunal, finances.
Fitness to Practise Explained
How the regulator process works.
NMC Referral by an Employer
What happens after an employer refers a nurse or midwife.
NHS DBS Check Explained
How DBS checks work for NHS jobs.
NHS Pension Deferred Benefits Explained
What happens to a pension you leave in the Scheme.
NHS Settlement Agreements: What to Check
Agreed references and what you give up.
Employment Tribunal Time Limit Calculator
Your Acas and tribunal deadline.
NHS Staff Representation Explained
Which union or college can represent you.
Frequently asked questions
If you get sacked from the NHS, do you lose your pension? +
What if I had less than two years in the NHS Pension Scheme? +
Will my employer tell my next employer I was dismissed for gross misconduct? +
Will I be referred to the DBS? +
Will my employer report me to the NMC, HCPC or GMC? +
Can I appeal a gross misconduct dismissal? +
Does a settlement agreement make the problem go away? +
Can the NHS take my pension if I owe money? +
This page is general information for NHS staff in England, Wales and Scotland, correct to the best of our knowledge as of 19 October 2026. It is not legal advice. Pension scheme rules differ by Section and by country, and regulator and DBS processes change. Speak to your union representative, NHS Pensions or an employment solicitor about your own case. FrontlinePay is independent and is not affiliated with NHS England, NHS Pensions, ACAS, the Disclosure and Barring Service or any regulator.
Unfair dismissal rules change on 1 January 2027
The qualifying period falls from two years to six months. We'll email you what it means for NHS staff before it starts. You also get the free PDF now.
Free. Independent, not affiliated with the NHS. Every email has an unsubscribe link. See our privacy policy.