MAKE YOUR FREE Dismissal Letter for Employees Without Unfair Dismissal Rights

Making a Dismissal Letter for Employees Without Unfair Dismissal Rights online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all of the details prepared in advance, making your document is a quick and easy process.

To make your Dismissal Letter for Employees Without Unfair Dismissal Rights you will need the following information:

Letter details

• What are the employer’s details (eg legal structure and name)?

  • If the employer is a company, LLP or partnership, who will sign the Dismissal Letter for Employees Without Unfair Dismissal Rights on the employer’s behalf?

• Will the Invitation Dismissal Letter for Employees Without Unfair Dismissal Rights be printed on headed paper including the business name and address?

  • If not, what is the employer’s address?

• What are the employee’s details (ie name and address)?

• What is the name or job title of the contact person for the employee?

• On what date will this Dismissal Letter for Employees Without Unfair Dismissal Rights be sent to the employee?

Termination reason

• Is the employee being dismissed because of:

  • Their conduct?

  • Their poor performance?

  • Their failure to pass the probationary period? Why has the employee failed their probation period?

  • Another reason? If so, what is the reason for dismissal?

• If the employee didn’t fail their probation period, will the Dismissal Letter for Employees Without Unfair Dismissal Rights give any further explanation of the reason for termination?

  • If so, provide an explanation of the reasons for the employee's termination.

Notice

• Will the employer:

  • Give the employee notice and allow them to work as normal?

  • Give the employee notice and put them on garden leave? If so, was garden leave provided for in the employee's contract and, if so, which clause(s) relate to it?

  • Pay the employee in lieu of notice (PILON)? If so, which clause(s) in the employment contract provide for a PILON?

• How long is the employee's notice period?

Meeting

• Has there already been a meeting with the employee at which their dismissal was discussed? If so:

  • What was the date of the meeting?

Final days and payment

• What is the employee's final date of employment?

• On what date will the employee's last salary be paid?

• Does the employee have any unused holiday?

  • If so, what is the number of unused holiday days? Must unused holiday be taken or will the employee be paid in lieu of taking it?

  • If not, has the employee exceeded their holiday entitlement, for which a deduction will be made? How many excess holiday days will be deducted from the employee's final payment?

Post-termination restrictions

• Are there obligations in the employment contract that the employee must observe post-termination? 

  • If so, which clauses of the contract will apply to the employee post-termination?

Appeal

• By what date should the employee make an appeal against dismissal?

Use a Dismissal Letter for Employees Without Unfair Dismissal Rights to terminate an employee’s employment where they have worked for you for less than 2 years. To facilitate this, this Dismissal Letter covers:

Sender and recipient details

The Dismissal Letter for Employees Without Unfair Dismissal Rights starts by setting out the names and addresses of the employer and the employee being dismissed.

Termination of employment

The body of the Dismissal Letter for Employees Without Unfair Dismissal Rights sets out details relating to the employee’s dismissal. These details include:

• the reason for the dismissal

• how much notice the employee is entitled to and whether this will be worked, not worked as the employee will be paid in lieu, or taken as garden leave

• when the employee’s last employment and payment dates are

• how the employee’s holiday allowance will be handled 

• by what date the employee must raise any appeals against their dismissal

The Dismissal Letter also addresses data protection matters, clarifying that all personal data (eg the employee’s name) processed (eg used) during the dismissal process will be treated in accordance with the employer’s Data protection and data security policy. It also encourages the employee to read the employer’s Employee privacy notice to find out more about the employer’s data processing.

If you want your Dismissal Letter for Employees Without Unfair Dismissal Rights to include further or more detailed provisions, you can edit your document. However, if you do this, you may want a lawyer to review or change the Dismissal Letter for Employees Without Unfair Dismissal Rights for you, to make sure it complies with all relevant laws and meets your specific needs. Ask a lawyer for assistance.

Make and implement relevant employment policies

To ensure that all employees are treated fairly, transparently and consistently, it is advisable to make and implement certain workplace policies. When addressing disciplinary matters, including dismissals, the most important policies are a Disciplinary procedure that outlines how disciplinary matters are handled, and a Grievance procedure that outlines how employees can raise grievances and appeals and how such grievances and appeals will be addressed. For more information on other HR policies you may wish to adopt, read HR policies and procedures.

Follow a clear, fair and transparent disciplinary and dismissal process

You are entitled to dismiss an employee as long as you follow the correct procedure and pay any remaining salary and untaken holiday, if any. The level of protection an employee has will depend on how long they have been an employee with your business: employees with 2 years' service have more protection than employees with less than 2 years' service.

Even in situations where an employee has less than 2 years of service, you must deal with their dismissal fairly and reasonably by complying with the standard disciplinary procedure, terms of the employment contract, and any of your relevant internal policies and procedures. This typically includes:

• investigating the facts of the situation

• interviewing all relevant parties (eg the employee and any witnesses)

• asking the employee to attend a disciplinary hearing

• giving the correct amount of notice

For more information, read Dismissal and How to run a disciplinary hearing. Consider following our Dismissal checklist to help you through the dismissal process.

Familiarise yourself with automatic unfair dismissal 

Employees with more than 2 years of service, can only be dismissed for certain reasons (eg redundancy). Any dismissal that doesn’t meet such a reason may be deemed unfair. While employees with less than 2 years of service are not protected from unfair dismissal, they are protected from certain types of automatic unfair dismissal. Automatic unfair dismissals involve dismissal for certain legally protected reasons, like employees asserting a statutory right, taking family leave, asking to be paid minimum wage, or whistleblowing. Make sure that your dismissal does not constitute automatic unfair dismissal, as you may have a case brought against you in an Employment Tribunal. For more information, read Unfair dismissal.

Understand when to seek advice from a lawyer

Ask a lawyer:

• if this Dismissal Letter doesn’t meet your specific needs

• for imposing a sanction other than dismissal

• if you have employees based outside England, Wales and Scotland