Dismissal pack
Our Dismissal Templates Toolkit streamlines the dismissal process, ensuring fair and compliant terminations.
If you're facing the difficult task of dismissing an employee, it's important to have the right tools to ensure that the process is handled correctly.
Our toolkit includes a range of templates that are designed to simplify the dismissal process, save you time and effort, and ensure compliance with all relevant employment legislation. From initial communication to the dismissal letter itself, our templates cover all the necessary documents required to carry out a fair and legally compliant dismissal.
Scripts
5
Letters
20
Policies
2
Guides
3
What is a Dismissal?
Dismissal refers to the termination or ending of an employment relationship between an employer and an employee. It can occur for various reasons, and the legality and procedures surrounding dismissal can vary depending on employment laws and regulations in a particular country.
Dismissal can be categorised into different types:
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Voluntary Dismissal (Resignation): This occurs when an employee chooses to end their employment voluntarily. The employee submits a resignation letter, and the employer accepts it.
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Involuntary Dismissal (Termination or Firing): This occurs when an employer decides to terminate an employee's contract for various reasons. Involuntary dismissal can happen for causes such as poor performance, violation of company policies, misconduct, redundancy, or restructuring.
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Constructive Dismissal: This occurs when an employee resigns due to a fundamental breach of contract by the employer. It's essentially a situation where the employer's actions make continued employment intolerable for the employee.
Compliance Notes
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In addition to termination by the employer, there will be a dismissal where the employee resigns in response to a fundamental breach by the employer (constructive dismissal).
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Dismissing in breach of contract will give rise to a claim for wrongful dismissal. Typically, wrongful dismissal claims concern a dismissal with inadequate notice.
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Employees who have worked for more than one month are entitled to statutory minimum notice.
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A payment in lieu of notice (PILON) clause allows an employer to terminate an employee without notice and make a payment in lieu without violating the terms of the contract.
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Employees with sufficient qualifying service can file unfair dismissal claims. Employees with less than 2 years service won't have been employed long enough to qualify for unfair dismissal protection. However, they are still protected against harassment and dismissal for 'protected reasons' such as gender, age, ethnicity, disability, religion and cultural background.
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A dismissal will be considered unfair if it is not for a just cause and/or the employer acted unreasonably in deeming the reason sufficient.
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Capability, conduct, redundancy, statutory illegality, and some other substantial reason are the five legitimate reasons for dismissal.
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When the dismissal is for one of the automatically unfair grounds, no qualifying service is necessary to initiate an unfair dismissal claim.
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If an employee is dismissed without following the ACAS Code of Conduct: Disciplinary and Grievance Procedures, the dismissal may be deemed unfair, and any compensation given may be enhanced by up to 25%.
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Unfair dismissal compensation can be comprised of both a basic payment (based on age, income, and years of service) and a compensating award for losses.
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Following a successful claim for unfair dismissal, tribunals have the authority to impose reinstatement or re-engagement.
What's in this pack
If you wish to dismiss an employee due to concerns with poor performance, use this timeline to help you understand the steps.
Our Guide to Dismissing an Employee for Some Other Substantial Reason (SOSR) offers step-by-step instructions, ensuring legal compliance and fairness in the dismissal process.
Our Guide to Dismissing Employees with Less Than Two Years' Service helps navigate legal obligations and procedures, minimising risks and ensuring compliance.
This model policy is to confirm the usual arrangements for providing notice to terminate an employment contract.
This model policy is to confirm the conditions that an employee who is leaving the company is expected to adhere to.
Confirms the dismissal of an employee following a capability process and provides key details, next steps, and appeal rights.
A clear letter template confirming the end of a fixed term contract after an extension, ensuring closure and compliance.
Our Dismissal After Performance Improvement Hearing Confirmation Letter template formally confirms the decision, maintaining professionalism and outlining the terms of dismissal.
If discussions further to consultation have not resulted in an agreement, issue this model letter template to terminate the employee and offer re-engagement on the new terms.
Our Dismissal and Re-Engagement Proposal Letter Template assists in proposing changes while complying with UK employment regulations.
Our dismissal appeal letter template can help you formally challenge your dismissal.
If an ex-employee has appealed against their dismissal, issue this model letter template as invitation to an appeal hearing.
If a former employee has appealed against their dismissal and an appeal hearing has been held, send this model letter as confirmation of the outcome.
Our Dismissal for Some Other Substantial Reason (SOSR) Letter Template communicates a termination based on valid reasons beyond the usual, providing clarity and professionalism in the process.
Our End of Fixed Term Contract Letter Template streamlines contract closure, ensuring clear communication and compliance with employment regulations.
If an allegation of gross misconduct is upheld, send this model letter to the employee to confirm their dismissal without notice or payment in lieu of notice.
If an allegation of gross misconduct for intoxication is upheld, send this model letter to the employee to confirm their dismissal without notice or payment in lieu of notice.
If an employee is sacked in the heat of the moment, send this model dismissal withdrawal letter to ask them to return to work so that any issues can be resolved.
Dismissal confirmation letter template for employees with under two years’ service.
If an employee is unable to return to their job as a result of long-term absence and there are no suitable alternatives, send this model letter to confirm dismissal.
Our Persistent Short-Term Absence Dismissal Letter template communicates the decision to dismiss an employee due to recurrent absences, maintaining professionalism and clarity.
If an employee has previously been warned about poor performance but they have not improved, send this model letter to confirm dismissal.
Our Probation Termination Letter template streamlines the process, ensuring compliance and effective communication with professionalism.
Our Termination of Employment (Failure to Provide Proof of Right to Work) Letter Template ensures compliance by formalising terminations when legal proof is missing.
Our Termination of Employment (Long-Term Sick) Letter template communicates the termination due to extended sickness, maintaining professionalism and clarity in the process.
Our Announcement of Colleague's Departure Script template sensitively communicates a colleague's departure, expressing appreciation and encouraging a positive farewell.
Our Disciplinary Appeal Hearing Script Template ensures an organised and fair process for addressing disciplinary appeals, resolving conflicts effectively.
Our Disciplinary Hearing Script Template ensures structured proceedings, promoting fairness and adherence to disciplinary policies during hearings.
Our Dismissal Appeal Hearing Script template guides structured appeal discussions, ensuring a fair and comprehensive review of the dismissal decision.
Our Dismissal Confirmation Meeting Script template provides a structured approach, maintaining sensitivity and clarity while discussing the reasons for dismissal with the employee.
