Leavers

When Employees leave you as an Employer it is important that you follow some basic steps in order to remain legally compliant, it can also eliminate the need for further queries from the Employee down the line. 

You will find documentation that not just acknowledges your Employee resignation, also, documentation that could instigate ‘in the heat of the moment’ discussions. 

We have also added our exit questionnaire for you and not forgetting when individuals retire from service with you. 

Should you not be able to find what you are looking for please do contact a member of the HR and You Ltd team, we are as always more than happy to assist.

Please be aware that all documents or templates purchased are strictly non-refundable, the documents are sold for your own usage and not for commercial resale. 

Leavers Tool Kits

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Acceptance of Resignation Letter

*Where there is no Payment in Lieu of Notice (“PILON”) clause in the contract of employment, the PILON technically represents damages for breach of contract (wrongful dismissal).

For this reason, it is important to ensure any non-contractual PILON includes all benefits the Employee would have received had they worked their notice period, such as holiday pay and Employer pension contributions, so the Employee has no outstanding claim for wrongful dismissal.

Also, the Employer’s technical breach of contract may have the effect of releasing the Employee from restrictive covenants set out in their contract of employment (where applicable) so they are no longer bound by these.

Where the Employer wishes to rely on restrictive covenants after the termination date, the Employer should obtain the Employee’s agreement to the PILON, to avoid a breach of contract.

The optional clause can be used for the purpose of seeking the employee’s agreement to a non-contractual PILON.

£45.00
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Acknowledgement and Acceptance of Resignation with No Notice Period Provided

Acknowledgement and Acceptance of Resignation with No Notice Period Provided

Where an Employee resigns with immediate effect (particularly if the Employee has more than two years’ service) consideration should be given to the risk of a potential constructive dismissal claim (and/or, in some cases, a discrimination claim).

In those cases, it may be appropriate to first use the template Reply to Heat of the Moment Resignation Letter.  We would recommend seeking advice prior to acknowledging any such resignation.

£45.00
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Acknowledgement of Retirement Letter

Employees can retire at any age, legislation does not stipulate an age restriction against individuals against working past retirement age.

£45.00
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Basic Reference Reply Letter

Where the Employer operates a policy of providing basic references confirming employment dates and job title only, this template letter may be used.

It is important that as an Employer you are consistent in your approach to providing references.

Where an Employer fails to provide a reference for an Employee or ex-Employee because, for example, the individual previously brought a discrimination complaint, or made an allegation of unlawful discrimination, he or she may have a tribunal claim against the Employer for victimisation.

£45.00
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Confirmation of Career Break

This Letter of Confirmation of Career Break provides for a termination of employment by mutual agreement prior to the career break commencing (by requiring the employee to sign the bottom of the letter to confirm their acceptance of the terms of the career break). In this template, the career break is agreed on the basis that the employer will offer re-employment at the end of the break.

Where the employee is not required to agree to a termination of their employment as a condition of the career break (but, for example, the career break is treated as a period of unpaid leave instead) so that continuity of service is preserved, or where re-employment cannot be guaranteed, the letter should be amended accordingly to make this clear.

Short-term unpaid leave that is approved by the employer is likely to be seen as counting towards continuous employment, either by continuation of the contract or by arrangement, unless (as in this template letter) it is expressly stated otherwise.

Whether or not continuous service is broken by the career break is ultimately a matter for the tribunal to determine.

Where a contract of employment is terminated by agreement between the employer and employee, usually, the employee has no entitlement to claim unfair dismissal unless they can show, for example, that their employer placed pressure on them to agree to a dismissal or to resign.

 

£45.00
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Confirmation of Payment in Lieu of Notice Letter

Confirmation of Payment in Lieu of Notice Letter

This letter can be issued where a payment in lieu of notice (PILON) is to be paid upon the termination of employment.

The (PILON) payment should be where you are exercising a contractual right to terminate employment with immediate effect and pay the Employee in lieu of notice under the terms of the pay in lieu clause the contract of employment. where this does not exist the payment would need to be agreed, representative of full compensation for the wages and benefits that the Employee would have received had they had been required to work the notice period.

£55.00
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Dismissal and Re-Engagement Letter

Dismissal and Re-Engagement Letter

This letter can be used where an Employer has consulted with an Employee to vary terms without an agreement, this affords the Employer the right to Dismiss and Re-Engage so long as the Employer has followed the ACAS code of practice.

You can find relevant consultation documentation in our toolkit, should you require assistance please contact a member of the HR and You team.

£55.00
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Dismissal Due to Statutory Bar Letter

Confirmation of Dismissal Due to Statutory Bar Letter

Note – Statutory restriction or illegality is one of the potentially fair reasons for dismissal. However, in order to fairly dismiss for this reason, the employer must show that continued employment would in actual fact contravene statute.  Where this cannot be proven, but the employer has a reasonable belief that continued employment may be unlawful, the employer is advised to dismiss for “Some Other Substantial Reason” instead.  Legal advice should be sought.

£65.00
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Dismissal for Some Other Substantial Reason Letter

Confirmation of Dismissal for Some Other Substantial Reason Letter

This dismissal letter can be used in the instances of SOSR or to dismiss due to a fixed term contract ending, training ending and reasons for non-renewal.

Note for Employers:

The Employer should be aware that, where it makes a payment in lieu of notice and there is no contractual right to do so, there is a risk that it may not be entitled to enforce any restrictive covenants that are contained in the Employee’s contract of employment.

£65.00
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Dismissal on Notice Conduct of Performance (Short Serving Employees)

Confirmation of Dismissal on Notice – Unsatisfactory Conduct of Performance (Short Serving Employees)

Important notes for Employers:

The Employer should be aware that, where it makes a payment in lieu of notice and there is no contractual right to do so, there is a risk that it may not be entitled to enforce any restrictive covenants that are contained in the Employee’s contract of employment.

Please also note that in most circumstances it is unlawful for an Employer to deduct wages from an Employee unless the Employee has given their written consent to this in advance, or there is a relevant provision in their written contract of employment permitting this. The Employer can only deduct overpaid holiday pay on termination of employment if there is express provision for this in the written contract of employment or a provision which is contained in a “relevant agreement”.

 

£65.00
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Dismissal Without Notice - Gross Misconduct

Confirmation of Dismissal Without Notice – Gross Misconduct

Note for Employers:

Please also note that in most circumstances it is unlawful for an Employer to deduct wages from an employee unless the Employee has given their written consent to this in advance, or there is a relevant provision in their written contract of employment permitting this.

The Employer can only deduct overpaid holiday pay on termination of employment if there is express provision for this in the written contract of employment or a provision which is contained in a “relevant agreement”.

 

£65.00
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Exit Questionnaire

An exit questionnaire, is an opportunity to find out the reason why the employee has decided to resign. This is important as it can help an organisation ensure they do not lose future employees if it is something that can be changed or improved within a company.

£45.00
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Free Guide Directors Redundancy Pay

We have produced a FREE Guide for Directors Redundancy Pay

If you are a Director you may not be aware that you are entitled to claim for Statutory Redundancy Payments, Directors who can prove their status as an Employee of the business may qualify for a number of statutory payments.

You need to prove your status as an Employee to enable any Statutory Payments following the Liquidation, this must prove that you held more than just an ‘advisory or non-executive’ role in the running of the business.

We are always here for assistance prior to commencing any proceedings, we can help you get it right.

£0.00
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Invitation to Disciplinary Hearing Letter

Notification of Disciplinary Hearing Letter

This letter must be used where an investigation has taken place, the Employee should be afforded 48 advanced notice of the hearing and also the right to be accompanied to the hearing.

Note: Where discipline is for potential gross misconduct the letter has a paragraph that can be added/removed where the allegations are considered as gross misconduct offence, in that instance the Employee must be advised at this stage that the outcome of the disciplinary hearing could result in summary dismissal from employment.

£65.00
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Invitation to Grievance Appeal Hearing

Invitation to Grievance Appeal Hearing

This letter can be issued to an Employee in response to their appeal against a grievance outcome, the letter should inform them of the next steps, the date of the hearing, the hearing manager, and their right to representation.

£65.00
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Letter Requiring the Removal of Social Media Posting

Letter Requiring the Removal of Social Media Posting/s

This letter can be issued to an Employee who has added comments/posts to social media which the Employer requires removing, this would be where they are derogatory, discriminatory, offensive and/or defamatory, nonfactual and could lead to brand damage and or financial implications.

 

£45.00
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Letter to a Former Employee Enforcing Restrictive Covenant

This letter can only be used where an Employee has restrictive covenant clauses added to an employment contract.

£55.00
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Missing Employee Letter to Next of Kin

Where an employee fails to attend work and reasonable efforts to make contact with the employee over a period of time have failed, or in the event of an emergency concerning the employee, it may be appropriate to contact the employee’s next of kin (initially by telephone and, failing contact by that method, then in writing). This template letter can be used for that purpose. The employer should ensure that it keeps up-to-date records of employee emergency contacts.

£45.00
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Outcome of Disciplinary Appeal Hearing Letter

Confirmation of Outcome of Disciplinary Appeal Hearing Letter

This letter is to be used following an Employee appealing against a disciplinary sanction.

£65.00
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Outcome Termination Letter for Some Other Reason SOSR

Outcome Termination Letter for Some Other Reason SOSR

This letter can be used when an Employee has been dismissed for some other substantial reason SOSR.

Note for Employers:

The Employer should be aware that, where it makes a payment in lieu of notice and there is no contractual right to do so, there is a risk that it may not be entitled to enforce any restrictive covenants that are contained in the Employee’s contract of employment.

£45.00
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Redundancy Confirmation of Termination on Notice Coronavirus Short Serving Employees

The employer should be aware that, where it makes a payment in lieu of notice and there is no contractual right to do so, there is a risk that it may not be entitled to enforce any restrictive covenants that are contained in the Employee’s contract of employment.

Please also note that in most circumstances it is unlawful for an employer to deduct wages from an employee unless the employee has given their written consent to this in advance, or there is a relevant provision in their written contract of employment permitting this.  The Employer can only deduct overpaid holiday pay on termination of employment if there is express provision for this in the written contract of employment or a provision which is contained in a “relevant agreement”.

This letter is designed to be sent after you have held at least one consultation meeting with the Employee prior to reaching the decision to dismiss.

This would generally be good practice (and would be our advice) even if the ACAS Code of Practice on Disciplinary and Grievance Procedures does not apply to redundancy dismissals and may be a contractual requirement.

See our factsheet: Dismissing short-serving employees for further details.  If you choose to dispense with a meeting you will need to amend this letter accordingly.  We would strongly advise that you still offer the employee the right of appeal.

Please note that it is no longer possible for notice to run alongside furlough (and to claim from the Coronavirus Job Retention Scheme in relation to notice pay).

This is the case regardless of the reason for termination of employment.  Where an employee is on furlough, they will need to be taken off furlough for their notice period, where the employee is required to work out their notice period.

£50.00
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Response to Heat of The Moment Resignation Letter

Response to Heat of The Moment Resignation Letter

Where an Employee unexpectedly resigns in writing or verbally, we would recommend that you seek advice before accepting that resignation.

Dependent on the circumstances in each particular case it might be unsafe to simply accept an unexpected resignation.

For example, the Employee may later allege that they were pressured into resigning or that they resigned because of a breach of their employment rights, (such as discrimination based on a protected characteristic, a health and safety complaint etc.)

Consequently, it is best practice for an Employer to establish the reason for the Employee’s decision to resign, so that an assessment can be made of whether any risks arising from that decision.

In these circumstances we would advise that you discuss matters with the Employee, to allow them to raise any concerns, this may lead to a grievance being raised.

Where an Employee has resigned in the heat of the moment and walked out of work or submitted a resignation letter after a disagreement or employment dispute or which contains a complaint regarding their employment, we recommend the following letter be issued the same day.

 

£50.00
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Retraction of Heat of the Moment Dismissal Letter

Retraction of Heat of the Moment Dismissal Letter

This letter can be used where either the Employer or the Employee has resigned “in the heat of the moment”, this can during a heated moment, a misunderstanding or a disagreement.

Note: In employment law terms, a dismissal is a unilateral act on behalf of the Employer and the general rule is that, once communicated to the Employee, it cannot unilaterally be withdrawn. The purpose of this letter is therefore to try and avoid a potential claim of unfair dismissal made by the Employee by requesting them to agree to return to work.

 

£45.00
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Termination of Employment after Probationary Period

This letter can be used to terminate due to probation during, at the end or in the extension period of probationary periods.

Employers are reminded that probation terms must be added to employment contracts.

£55.00
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Withdrawing a Conditional offer of Employment due to Coronavirus

Letter Withdrawing a Conditional offer of Employment due to Coronavirus

You can use this letter to withdraw a conditional offer of employment due to Coronavirus. The withdrawal of a binding offer of employment may amount, in law, to a breach of contract and so you may wish to offer a payment equivalent to notice pay to reduce the risk of a claim by the Employee

£45.00
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