Terminating employment policy templates

The purpose of the Terminating Employment Policy Templates is to establish clear and fair guidelines for handling employee terminations, ensuring legal compliance, and maintaining a respectful and empathetic approach throughout the process.

These templates help HR professionals and managers navigate sensitive situations and safeguard the rights of both employees and the organisation.

Here are some key UK employment legislation considerations to keep in mind when implementing terminating employment policies:

• The Employment Rights Act 1996: This legislation sets out the circumstances under which an employer can terminate an employee's contract, including redundancy, capability, misconduct, and some other substantial reason (SOSR). Terminating employment policies must comply with the provisions of this Act, and employers must have a fair reason and follow a fair procedure for terminating an employee's employment.

• The Equality Act 2010: This legislation prohibits discrimination on the basis of protected characteristics such as age, disability, gender reassignment, race, religion or belief, sex, and sexual orientation. Terminating employment policies must not discriminate against any particular group of employees or disadvantage individuals with protected characteristics.

• The Data Protection Act 2018: This legislation sets out the requirements for the collection, use, and storage of personal data. Terminating employment policies must ensure that any personal data collected during the termination process is done in compliance with this legislation.

• The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE): This legislation protects employees' rights in situations where the business or part of the business in which they work transfers to a new employer. Terminating employment policies must comply with the requirements of TUPE if it applies.

• The National Minimum Wage Act 1998: This legislation sets out the minimum hourly rates of pay that employers must pay their employees. Terminating employment policies must ensure that any payments owed to employees, including notice pay, are calculated in accordance with this legislation.

• The Working Time Regulations 1998: This legislation sets out the maximum number of hours that employees can work in a week and the minimum rest periods they are entitled to. Terminating employment policies must ensure that employees receive their full entitlement to rest breaks and that they do not work excessive hours during their notice period.

• The Trade Union and Labour Relations (Consolidation) Act 1992: This legislation sets out the requirements for collective consultation in situations where an employer is proposing to make 20 or more employees redundant within a period of 90 days or less. Terminating employment policies must comply with the collective consultation requirements if they apply.