Post Notice Termination of Employment Letter

Termination of Employment Letter after Working Notice Period

EMP.DS.05.05
This Termination of Employment Letter should be given/sent to the employee on the day the employment terminates. The Termination Letter provides for statutory redundancy entitlement, payment in lieu of holiday and return of company property.

Please be aware that a potential drafting error in the Equality Act 2010 has an implication for the party who is able to advise the claimant on a settlement agreement. As the drafting concerned is in the Equality Act 2010 it is only relevant where there is a potential discrimination claim. The Equality Act 2010 appears to provide that a lawyer/legal adviser advising an employee on their settlement agreement is not an ‘independent legal adviser’ for the purposes of the Equality Act. This is also the case if the lawyer/legal adviser has acted for the employer during the course of the issue. This interpretation would mean that a lawyer/legal adviser is not able to advise on the settlement agreement and would therefore not be able to sign off on it. Using a lawyer/legal adviser in this context makes any settlement agreement from 1st October 2010 (the date when the Equality Act 2010 came into force) potentially unenforceable. The Law Society has referred this matter to the Home Secretary and the Government Equalities Office for their review and therefore, while we wait for appropriate Government clarification on this issue, it may be advisable to use ACAS to advise on settlement agreements which deal with discrimination claims.

This Termination of Employment Letter template is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.
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