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Employment Termination Policy Template for England and Wales

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Key Requirements PROMPT example:

Employment Termination Policy

"I need an Employment Termination Policy for my UK-based tech startup of 50 employees, which we plan to implement by January 2025, with particular focus on protecting our intellectual property and managing remote worker terminations."

Document background
The Employment Termination Policy is a crucial document for organizations operating under English and Welsh law, designed to ensure fair, consistent, and legally compliant handling of employment terminations. This policy becomes necessary when organizations need to standardize their approach to managing various types of employment endings, from voluntary resignations to dismissals and redundancies. It incorporates requirements from key legislation including the Employment Rights Act 1996, Equality Act 2010, and ACAS guidelines, while providing clear guidance for all stakeholders involved in the termination process.
Suggested Sections

1. Purpose and Scope: Defines the policy's objectives and who it applies to within the organization

2. Definitions: Defines key terms used throughout the policy including types of termination, notice periods, and other relevant terminology

3. Types of Termination: Outlines different categories of employment termination including resignation, dismissal, redundancy, and retirement

4. Notice Periods: Details statutory and contractual notice periods for different situations and employee categories

5. Procedural Requirements: Sets out the mandatory steps to be followed in any termination process, including documentation and approvals

6. Fair Dismissal Procedures: Details the requirements for ensuring dismissals are fair and legally compliant

7. Appeals Process: Outlines the employee's right to appeal and the procedure for handling appeals

Optional Sections

1. Redundancy Procedures: Detailed procedures for handling redundancies, including consultation requirements and selection criteria

2. International Considerations: Special provisions and requirements for terminating international employees

3. Garden Leave: Provisions for placing employees on garden leave during notice periods

4. Post-Termination Restrictions: Details of any post-employment restrictions and their enforcement

Suggested Schedules

1. Template Termination Letters: Standard templates for various types of termination letters

2. Termination Process Checklist: Step-by-step checklist for HR to ensure compliance with policy requirements

3. Notice Period Table: Reference table showing notice periods by employee grade and length of service

4. Exit Interview Form: Standard form for conducting and documenting exit interviews

5. Final Settlement Calculation Guide: Guidelines for calculating final payments including salary, holiday pay, and other entitlements

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























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Relevant Industries
Relevant Teams
Relevant Roles
Industries

Employment Rights Act 1996: Primary legislation governing notice periods, unfair dismissal provisions, statutory redundancy payments, and requirements for written reasons for dismissal

Equality Act 2010: Legislation protecting against discriminatory dismissals, defining protected characteristics, and requiring reasonable adjustments

Trade Union and Labour Relations (Consolidation) Act 1992: Covers collective consultation requirements and trade union rights during termination processes

ACAS Code of Practice: Provides guidance on fair procedure requirements, investigation processes, and appeal rights in disciplinary and grievance procedures

TUPE Regulations 2006: Transfer of Undertakings regulations protecting employment rights during business transfers

Maternity and Parental Leave Regulations 1999: Specific protections for employees during maternity and parental leave periods regarding termination

Fixed-term Employees Regulations 2002: Regulations preventing less favorable treatment of fixed-term employees during termination

GDPR and Data Protection Act 2018: Requirements for handling personal data during the termination process

Human Rights Act 1998: Ensures right to fair hearing and privacy considerations during termination procedures

Contract Law Principles: Common law principles governing contractual notice periods and payment in lieu of notice provisions

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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