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Termination (46)

Confirmation of dismissal due to statutory bar
The dismissal of an employee is potentially fair if they couldn't continue to work without contravention of a statutory duty or restriction. Assuming you have followed a fair dismissal procedure, use our letter to effect a dismissal on this ground.A statutory barWhilst dismissals under this category... Read more
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Type: Letter
Confirmation of dismissal for some other substantial reason
After you've had a meeting with the employee to discuss the proposal to dismiss due to "some other substantial reason", if you do decide to go ahead with the dismissal, use our confirmation of dismissal for some other substantial reason to effect it.Dismissal in writingAfter you have had a meeting with... Read more
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Type: Letter
Confirmation of outcome of appeal meeting
After any appeal meeting that you've granted relating to the dismissal of a short-serving employee, you need to formally notify them in writing of the outcome. The decision on an appeal is final.Uphold or rejectAfter hearing the employee's submissions on appeal, there are two possible outcomes. The first... Read more
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Type: Letter
Dismissal at end of probationary period letter
If an employee's performance or conduct has been more or less unsatisfactory from the outset and you wish to dismiss them during or at the end of their probationary period, you can write to them confirming their dismissal on notice.DismissedWhen taking on new employees you might provide for a "probationary... Read more
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Type: Letter
Dismissal for taking part in industrial action
This letter covers situations where the taking part in an unofficial industrial action has led to a serious breach of contract equivalent to gross misconduct which justifies you dismissing the employee without notice. When can you fairly dismiss?Each case must be treated on its own merits and this letter... Read more
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Type: Letter
Dismissal on notice due to unsatisfactory performance/conduct letter
You should only use this letter where the employee has short service. This is because longer-serving employees have unfair dismissal rights so they need to be treated entirely differently in the dismissal procedure to be adopted.Dismissal of short-serving employeesThis letter should only be used for... Read more
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Type: Letter
Dismissal or dismissal under consideration after receipt of resignation
Use this letter if an employee resigns when a decision to dismiss them is under consideration. Should you still continue with the disciplinary proceedings?If the alleged misconduct is serious it may still be necessary to go ahead and hold a full disciplinary hearing.  Even if the employee has resigned,... Read more
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Type: Letter
Dismissal without notice letter (absent employee)
If, after a disciplinary hearing which is held in the employee's absence, you take the decision to dismiss them because they've committed an act of gross misconduct, you will need our dismissal without notice letter (absent employee). This dismisses the employee with immediate effect. A trust and confidence... Read more
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Type: Letter
Early release from notice letter
Use our letter when an employee has resigned and you agree to release them from the requirement to serve out their full contractual notice period. Make sure it's made clear that they will not be paid for any part of the notice period that they do not wish to work.Early departureSometimes, an employee... Read more
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Type: Letter
Ex gratia termination payment receipt
Our ex gratia termination payment receipt not only asks the employee to confirm receipt of an ex gratia payment but it also enables you to reach a full and final settlement on their contractual claims related to their employment or its termination. However, be aware that it doesn't enable you to contract... Read more
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Type: Miscellaneous
Exit questionnaire
Asking employees who have resigned to complete an exit questionnaire and attend an exit interview will enable you to gather useful information about their reasons for leaving. It will also enable you to identify problems and to take steps to sort these out before the employee leaves, thus decreasing... Read more
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Type: Miscellaneous
Fixed-term contract expiry dismissal letter
After you've had a meeting with an employee to discuss the proposal to dismiss them on the expiry of their fixed-term contract, if you go ahead you can use our letter to effect it. It's also suitable for use in relation to short-serving employees where no prior meeting has been held.  Dismissal in writingWhen... Read more
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Type: Letter
Frustration of contract letter
Our frustration of contract letter is only for use in limited circumstances usually related to the long-term imprisonment of an employee. Be aware that the courts don't generally like the concept of frustration being applied to employment contracts.The doctrine definedFrustration of contract occurs where... Read more
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Type: Letter
Internal statement announcing employee's departure
Use our statement to make an internal announcement to other members of staff that an employee is leaving, or has left, your employment.Communication of departureWhen an employee leaves your employment, you can use our Letter Advising Employee Has Left to let external third parties, such as your clients... Read more
DOWNLOAD July 2019
Type: Letter
Invitation to attend an exit interview
Thousands of people resign from their jobs each year. By asking them to take part in a voluntary exit interview you can identify the reason behind their decision. The process may also be used to nip any hidden problems in the bud, thus avoiding a tribunal claim. Our letter invites an employee to attend... Read more
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Type: Letter
Leaver's checklist
Once an employee is getting ready to leave, there will be a number of formalities to go through. It's important that you don't miss anything out here. Our leaver's checklist contains all the important points you (or your managers) need to cover. Getting ready to go As soon as you know that an employee... Read more
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Type: Checklist
Leaver's details form
 Leaver's details form When an employee leaves, you'll have to run a final salary payment. As it's difficult to claw back any overpayment it's important that you get this amount right. Our leaver's details form allows you to check individual sums owed; the total figure can then be paid following management... Read more
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Type: Miscellaneous
Letter advising employee has left
Use our letter to notify external third parties, such as clients and customers, of an employee's departure. Make sure you take prompt steps to arrange a handover of their work to another employee or new recruit as you don't want to lose business as a result.A hasty departureWhere an employee resigns... Read more
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Type: Letter
Letter confirming payment in lieu of notice
Where you've stated an employee isn't required to work out their notice period and instead will be paid in lieu of notice, use our letter to confirm the PILON payment. You need to work out whether it's a contractual payment or not.Contractual payment or damages?Where there's an express clause in the... Read more
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Type: Letter
Letter enclosing P45 and or final salary pay slip
 Letter enclosing P45 and/or final salary pay slipIt's not always possible to provide an employee with their P45 and/or final salary pay slip on their last day of employment. In this situation, these documents must be sent on to their home address at a later date. You can use our covering letter for... Read more
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Type: Letter
Letter following SOSR or statutory bar appeal meeting
After holding an appeal against the decision to dismiss an employee on some other substantial reason (SOSR) or statutory bar grounds, you need to formally notify them in writing of the outcome. The decision on an appeal is final.A final decisionAfter hearing what the employee has to say as part of their... Read more
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Type: Letter
Letter requesting employee work longer notice period
Use our letter when an employee has resigned and you want to ask them to agree to work a longer notice period than their contractual notice. Make sure it's made clear that they will be paid their full salary and benefits if they do consent to extend their notice period.A resignation dilemmaWhen an employee... Read more
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Type: Letter
Letter retracting heat of the moment dismissal
Use our letter retracting heat of the moment dismissal to clarify the position with an employee who has been unintentionally dismissed in anger in the heat of the moment. You do need to act quickly though if you want to salvage the situation.Heat of the momentIt's not uncommon for supervisors or managers... Read more
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Type: Letter
Letter to accompany settlement agreement
Once you have negotiated a settlement with the employee in principle, you will need to draft an agreement and give it to them with a covering letter explaining the requirement that they seek independent legal advice in connection with its content.The negotiation processWhen you produce a draft Settlement... Read more
DOWNLOAD August 2019
Type: Letter
Letter to competitor about employee on garden leave
If you think an employee on garden leave is working elsewhere during their notice period, as well as pulling them up on this, also consider writing to the third party employer, particularly if it's a competitor, to warn them that they can be liable for inducing the employee to breach their contract of... Read more
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Type: Letter
Letter to discuss resignation
Use our letter to set up an informal meeting to discuss an employee's reasons for leaving where they've resigned. It's particularly useful if you want to persuade a key employee to change their mind. Act swiftly, consider what the root cause of any problem is and then decide if you can address it.Swift... Read more
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Type: Letter
Letter to ex employee requesting information
 Letter to ex-employee requesting information Once an employee's contract has ended, they've no duty to assist you. But if information is needed - and they're the only one that can help you - ask, but tread carefully. Our letter to ex-employee requesting information can help you here. Out the door It... Read more
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Type: Letter
Letter to ex-employee enforcing restrictive covenants
Where you believe a former employee is in breach of enforceable restrictive covenants, you may wish to consider taking legal action against them in the civil courts. The starting point is normally to write what's known as a letter before action. Our letter to ex-employee enforcing restrictive covenants... Read more
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Type: Letter
Notice of potential dismissal (FTC expiry)
The expiry of a fixed-term contract without it being renewed is still a dismissal in law and therefore can still be an unfair dismissal if you fail to deal with the situation properly, notwithstanding the fact you agreed with the employee at the outset that the contract would be for a fixed term. Our... Read more
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Type: Letter
Notice of SOSR or statutory bar appeal meeting
An employee has no statutory right to appeal against an SOSR or statutory bar dismissal. However, you should still give them an opportunity to appeal as part of an overall fair procedure. Use our letter when an employee appeals against an SOSR or statutory bar dismissal decision, to inform them of the... Read more
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Type: Letter
Notification of appeal meeting
You're under no legal obligation to give a short-serving employee an opportunity to appeal against their dismissal, unless you've promised this as part of a relevant contractual procedure. If you do decide to allow the employee to appeal and they exercise this right, use our letter to inform them of... Read more
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Type: Letter
Notification of potential dismissal meeting
The law on termination of employment can differ according to how long the employee has worked for you. For employees with short service, termination can be relatively straightforward. Short-serving employeesAs a general rule, short-serving employees do not have the right to claim unfair dismissal. An... Read more
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Type: Letter
Notification of potential dismissal meeting (SOSR or statutory bar)
Notification of potential dismissal (SOSR or statutory bar)It is potentially fair to dismiss an employee for "some other substantial reason" capable of justifying dismissal. This is the "catch all" acceptable reason for dismissal. It is also potentially fair to dismiss an employee where otherwise keeping... Read more
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Type: Letter
Reply to resignation during lay-off or short time working
To claim a statutory redundancy payment (SRP) during lay-off or short time working, an employee must have two years' continuous employment, have been laid off or on short time working for at least four consecutive weeks, or at least six weeks in any 13-week period, must serve written notice of their... Read more
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Type: Letter
Resignation policy
When an employee resigns, in most cases you'll want to know the reason why so it's useful to conduct an exit interview or ask the employee to complete an exit questionnaire. In addition, it's important for the employee to know the arrangements for their departure, including how their resignation will... Read more
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Type: Policy
Response to "heat of the moment" resignation
Resignations given in anger by employees "in the heat of the moment" are not usually binding because of the pre-existing circumstances in which they were given, so it's not safe to treat them as valid. Likewise, where an employee resigns in writing but raises a litany of complaints, it's not safe to... Read more
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Type: Letter
Response to resignation
Where an employee resigns in amicable circumstances, you should write to them confirming receipt of their resignation and setting out the arrangements for termination of their employment. Strictly speaking, there is no obligation to actually "accept" the employee's resignation.Receipt of resignationIf... Read more
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Type: Letter
Response to retirement notification
Where an employee has notified you of their intention to retire, you should acknowledge receipt of their notice and arrange a meeting with them so that you can discuss the retirement arrangements. Our letter also covers whether the employee has given you sufficient notice to terminate their employment.A... Read more
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Type: Letter
Retirement form
Our retirement form gives employees an easy way to notify you of their forthcoming retirement and intended retirement date. We've drafted the form in such a way that completion of it will amount to their formal resignation.A written resignationWhere an employee decides to voluntarily retire and formally... Read more
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Type: Form
Retirement policy
Our retirement policy provides that you do not operate a compulsory retirement age and instead you operate a flexible retirement policy that permits employees to voluntarily choose to retire at any time. This follows on from the abolition of the default retirement age.Abolition of the DRAWhere you wished... Read more
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Type: Policy
Schedule of loss checklist
This checklist covers information to assist in preparing a schedule of loss, principally for unfair dismissal cases, although some aspects are relevant to discrimination claims. Employment tribunals frequently ask claimants to prepare a schedule of loss to assist with assessing compensation. Time well... Read more
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Type: Checklist
Settlement agreement
When you want to prevent an employee from issuing proceedings in relation to the infringement of their statutory employment rights on termination of their employment, consider going down the settlement agreement route. This is an alternative to going through time-consuming dismissal procedures. In addition,... Read more
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Type: Agreement
Settlement agreement meeting proposal letter
Where you wish to propose a settlement agreement to an employee to terminate their employment on agreed terms, ideally start this with a meeting, but don't spring this on the employee. Our letter arranges an initial meeting to discuss your proposal and can be used for either "without prejudice" meetings... Read more
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Type: Letter
Settlement agreement proposal checklist
Use our checklist for proposing a settlement agreement to ensure you have all bases covered when contemplating and then subsequently negotiating a settlement with an employee. It's always best to get legal advice here to stay on the right side of the law.Before offerThere are a lot of matters to think... Read more
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Type: Checklist
Statement of reasons for dismissal
A dismissed employee who has sufficient continuity of service can request a written statement of the reason for their dismissal. Where the employee is dismissed while pregnant or on a period of maternity or adoption leave, they are automatically entitled to a written statement of the reasons for dismissal... Read more
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Type: Letter
Withdrawal of resignation acceptance
There are a few reasons why an employee might want to withdraw their resignation and the law says you don't always have to accept that withdrawal. However, if you do, use our letter. It covers three situations. Improved termsWhen an employee resigns, sometimes you might want to try and persuade them... Read more
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Type: Letter