Termination of Employment

A letter notifying employees of the implications of the abolition of the default retirement age (DRA).

Advice from a legal adviser to an employee client explaining the employee's rights in a redundancy situation. The letter assumes that the employee has the necessary qualifying service for unfair dismissal.

Drafting notes to accompany the letter to HMRC seeking its view under the non-statutory clearance procedure. This drafting note was formerly known as Code of Practice 10 application: drafting note.

A schedule to be used by an employer in a redundancy situation to provide to an employee to explain how their statutory redundancy payment is calculated. The calculation is subject to the statutory cap on a week's pay, which is increased in February each year. For the current amount, see Checklist, Current rates and limits. This schedule has been updated to take account of the changes made as a result of it becoming unlawful to discriminate on the grounds of age. Previously, service below the age of 18 and above the age of 65 was not taken into account and the payment was reduced by one-twelfth for each complete month by which the employee's age exceeded 64 (meaning that nothing was payable to an employee aged 65 or over).

This Standard Clause can be included in a collective bargaining agreement (CBA) to set out standards for, and reserve rights for employers to, discipline and discharge union-represented employees. It is based on the National Labor Relations Act (NLRA), but may be used by private sector employers governed by another federal law or public sector employers. This Standard Clause has integrated drafting notes with important explanations and negotiating tips.

A simple agreement between an employer and an employee to compromise an employee's contractual and statutory claims on termination of employment. For a more detailed compromise agreement, see Standard document, Compromise agreement (long form).

A short-form procedure suitable for a small or medium-sized business to use in cases of misconduct or poor performance. It incorporates the essential elements of the longer Standard documents, Disciplinary procedure, Disciplinary rules and Capability procedure, and takes into account the Acas Code of Practice on Disciplinary and Grievance Procedures.

Standard disciplinary rules and examples of misconduct and gross misconduct, for use in conjunction with Standard document, Disciplinary procedure. Integrated drafting notes. This document has integrated drafting notes embedded within the text. Click on a heading to read the note. See the Actions box on the right for additional viewing options.

This standard document contains sample wording to be attached to an ET1 detailing a claimant's race discrimination (and related unfair dismissal) claims. It assumes that the events complained of took place on or after 1 October 2010 (or else that there was a continuing act which began before but continued after that date) and that, therefore, the race discrimination claims are brought under the Equality Act 2010.

This standard document contains sample wording to be attached to an ET1 detailing a claimant's sexual orientation discrimination (and related unfair dismissal) claims.

Sample wording to be attached to a claimant's ET1 claim form, showing how, typically, a claim for unfair dismissal will be drafted when an employee has been dismissed by reason of capability due to ill health.

Sample wording to be attached to a claimant's ET1 claim form, showing how, typically, a claim for unfair dismissal will be drafted when an employee has been dismissed for misconduct.

A sample ET1 showing how, typically, a claim for detriment and unfair dismissal by a whistleblower will be structured. The Claimant will need to choose which arguments are most appropriate to their case and provide further details, as indicated.

This standard document contains sample wording to be attached to an ET3, showing how an employer's response to race discrimination (and related unfair dismissal) claims might be structured. It assumes that the relevant events took place on or after 1 October 2010 (or else that there was a continuing act which started before and continued after that date) and that, therefore, the race discrimination claims were brought under the Equality Act 2010.

This standard document contains sample wording to be attached to an ET3, showing how an employer's response to sexual orientation discrimination (and related unfair dismissal) claims might be structured.

A sample ET3 showing how, typically, a defence will be drafted to a claim for capability (ill health) unfair dismissal.

A sample ET3 showing how, typically, a defence will be drafted to a claim for misconduct unfair dismissal.

A sample ET3 showing how, typically, a defence to a claim for detriment and unfair dismissal by a whistleblower will be structured. The Respondent will need to adapt this to its circumstances and provide further details, as indicated.

Letter to be used when dismissing an employee for ill-health.

A letter to be used as part of a capability procedure, giving an employee a first written warning for poor performance.

Letter to be used when inviting an employee to attend a meeting to discuss their continued sickness absence.

A standard form letter of resignation by a company secretary, acknowledging that there are no outstanding claims against the company. See also: Letter of resignation (director)

A standard letter designed to be sent by an employer to an employee informing them that their request to work beyond retirement has not been successful and confirming that the employee's employment will terminate by reason of retirement. This document should no longer be used. The statutory procedure setting out the employee's right to request working beyond a compulsory retirement date was abolished, subject to transitional provisions, on 6 April 2011 (see the drafting notes below and Practice note, Default retirement age: implications of its abolition). Under the transitional provisions, the last date for an employee to make a request to work beyond retirement was 4 January 2012 (see Practice note, Retirement before 6 April 2011: Effecting retirement: the duty to consider procedure).

This letter can be adapted for use following an employee's appeal against dismissal (for any reason, including conduct, capability, redundancy, illegality or some other reason), or against the employer's handling of a grievance.

A letter from an employer to an employee who has refused to consent to a change in terms of employment in which the employer gives notice of termination of the employee's current contract and offers re-employment on the new terms.

A letter to be used as part of a capability procedure, confirming an employee's formal verbal warning for poor performance.

Letter for use in the rare circumstances in which an employee may be dismissed immediately without a hearing under the Modified Dismissal Procedure set out in the Employment (Northern Ireland) Order 2003. Wherever possible it is preferable to suspend the employee pending an investigation rather than dismissing immediately.

Letter for use in circumstances where an employer wishes to dismiss an employee with immediate effect and make a payment in lieu of notice to them.

A stand-alone PAYE indemnity from an employee (or former employee) or consultant for PAYE tax and NICs that the employer cannot deduct or has not deducted from payments.

A letter to be used by an employer in a redundancy situation (usually after an initial meeting with all employees who might be affected by the proposed redundancies) to explain why the employer is contemplating making redundancies and to warn them that they may be affected.

A letter to be used by an employer in a redundancy situation to send to the employees seeking volunteers for redundancy.

A letter to be used by an employer in a redundancy situation to send to an employee who has been provisionally selected for redundancy following the initial individual consultation meeting and inviting the employee to a further consultation meeting.

A letter to be used by an employer in a redundancy situation following the final individual consultation meeting to confirm dismissal for redundancy and serve notice or terminate the employee's employment.

A form to be used by the employer in a redundancy situation to decide which employees in a pool should be selected for redundancy (on the basis of specified selection criteria), together with guidelines for managers completing the form.

Under sections 215-222 of the Companies Act 2006, it is unlawful for a company to make to a director or former director any payment by way of compensation for loss of office or as consideration for or in connection with his retirement from office without particulars of the proposed payment being disclosed to the members of the company and the proposal being approved by the company in general meeting, unless the payment is a bona fide payment of damages for breach of contract or a pension payment in respect of past services. This is a specimen resolution to be used by a company to give approval to a compensation payment which is not a bona fide payment by way of damages for breach of contract or by way of a pension in respect of past services. Such a resolution can be passed as an ordinary resolution unless the company's articles require a higher approval level (such as a special resolution).For further background on compensation payments to directors, see Practice note, Transactions with directors and for information about the changes to be made under the Companies Act 2006, see Practice note, Transactions with directors: Companies Act 2006.

Following the abolition of the default retirement age (DRA), a retirement policy for employers with a fixed (compulsory) retirement age. Integrated drafting notes. This document has integrated drafting notes embedded within the text. Click on a heading to read the note. See the Actions box on the right for additional viewing options.

A schedule of loss for use by claimants in discrimination (and related unfair dismissal) proceedings.

A separation agreement (also commonly referred to as a severance agreement) between an employer and a departing employee specifying terms of the employee's separation from employment, including a release of legal claims against the employer in exchange for a benefit. This Standard Document is drafted in favor of the employer and has integrated notes with important explanations and drafting tips. This Standard Document is based on federal law. For information on state law requirements, see the State Q&A Tools under Related Content to the right.

A model settlement agreement between an employer and an employee in a single plaintiff employment dispute, including a release of legal claims against the employer. This Standard Document is based on federal law. It is drafted in favor of the employer. It has integrated notes with important explanations and drafting tips. For information on state law requirements, see the State Q&A Tool under Related Content to the right.

A sample notice that employers must provide to the state dislocated worker unit and local chief elected official located where employees are impacted by a plant closing or mass layoff covered by the federal Worker Adjustment and Retraining Notification (WARN) Act. This Standard Document includes integrated notes explaining the information that must be included in the notice, how the WARN notice should be served and other important explanations and drafting tips. It is drafted in compliance with the federal WARN Act. For more information about states with mini-WARN Acts, see the State Q&A Tool under Related Content to the right.