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A Dismissal Letter for Employees Without Unfair Dismissal Rights informs an employee who has less than 2 years of service that they are being dismissed. Dismissal Letters for Employees Without Unfair Dismissal Rights outline the reasons for dismissal and detail the arrangements for terminating employment.
This document is GDPR compliant.
Use this Dismissal Letter for Employees Without Unfair Dismissal Rights:
when you are dismissing an employee who has less than 2 years’ service with your organisation (including if they're in their probationary period)
when you are dismissing an employee due to their performance or conduct or for some other reason
when the employee is not protected from unfair dismissal
only for employees based in England, Wales or Scotland
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Dear ,
Termination of employment
The decision has been taken to end your employment with by reason of This letter is formal notice of the end of your employment.
The following arrangements apply to the end of your employment:
We treat personal data collected during the dismissal procedure in accordance with our data protection policy. Information about how your data is used and the basis for processing your data is provided in our employee privacy notice and other policies.
If you have any questions please contact the .
Yours sincerely,
This Dismissal Letter for Employees Without Unfair Dismissal Rights template covers:
the reason for dismissal
the termination date
whether the notice period will be worked or the employee will be paid in lieu of notice
arrangements for holiday pay
the need to return property and information belonging to the employer
the right to appeal against dismissal
Issuing a formal Dismissal Letter for Employees Without Unfair Dismissal Rights helps ensure you follow a proper disciplinary process. While employees with less than 2 years of service have fewer employment rights than those with more than 2 years of service, you still need to take care to follow a fair and transparent dismissal process. Outlining in writing the reasons for dismissal reduces the likelihood of further disputes in relation to the dismissal decision.
For more information, read Dismissal.
You are entitled to dismiss an employee as long as you follow the correct process. The level of protection an employee has will depend on how long they have worked for you. Employees with 2 years' service have more protections than those with less than 2 years' service.
Unlike dismissals for employees with more than 2 years of service, you do not need a legal reason to dismiss an employee with less than 2 years’ service (eg misconduct or poor performance). However, regardless of how long an employee has worked for you, it is vital that their dismissal is dealt with fairly and reasonably. You are, therefore, encouraged to follow a formal process even in situations where the employee has less than 2 years of service.
A fair procedure could include holding a formal meeting at the end of a series of informal chats. Doing this will ensure that there is a paper trail setting out your motivation for dismissing the employee, which can assist you in demonstrating the reason for the dismissal if the matter were to be challenged. Check your internal Disciplinary procedure, if you have one, to see what the process is in your business.
For more information, read Dismissal and follow our Dismissal checklist.
Making a Dismissal Letter for Employees Without Unfair Dismissal Rights online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all of the details prepared in advance, making your document is a quick and easy process.
To make your Dismissal Letter for Employees Without Unfair Dismissal Rights you will need the following information:
Letter details
What are the employer’s details (eg legal structure and name)?
If the employer is a company, LLP or partnership, who will sign the Dismissal Letter for Employees Without Unfair Dismissal Rights on the employer’s behalf?
Will the Invitation Dismissal Letter for Employees Without Unfair Dismissal Rights be printed on headed paper including the business name and address?
If not, what is the employer’s address?
What are the employee’s details (ie name and address)?
What is the name or job title of the contact person for the employee?
On what date will this Dismissal Letter for Employees Without Unfair Dismissal Rights be sent to the employee?
Termination reason
Is the employee being dismissed because of:
Their conduct?
Their poor performance?
Their failure to pass the probationary period? Why has the employee failed their probation period?
Another reason? If so, what is the reason for dismissal?
If the employee didn’t fail their probation period, will the Dismissal Letter for Employees Without Unfair Dismissal Rights give any further explanation of the reason for termination?
If so, provide an explanation of the reasons for the employee's termination.
Notice
Will the employer:
Give the employee notice and allow them to work as normal?
Give the employee notice and put them on garden leave? If so, was garden leave provided for in the employee's contract and, if so, which clause(s) relate to it?
Pay the employee in lieu of notice (PILON)? If so, which clause(s) in the employment contract provide for a PILON?
How long is the employee's notice period?
Meeting
Has there already been a meeting with the employee at which their dismissal was discussed? If so:
What was the date of the meeting?
Final days and payment
What is the employee's final date of employment?
On what date will the employee's last salary be paid?
Does the employee have any unused holiday?
If so, what is the number of unused holiday days? Must unused holiday be taken or will the employee be paid in lieu of taking it?
If not, has the employee exceeded their holiday entitlement, for which a deduction will be made? How many excess holiday days will be deducted from the employee's final payment?
Post-termination restrictions
Are there obligations in the employment contract that the employee must observe post-termination?
If so, which clauses of the contract will apply to the employee post-termination?
Appeal
By what date should the employee make an appeal against dismissal?
Use a Dismissal Letter for Employees Without Unfair Dismissal Rights to terminate an employee’s employment where they have worked for you for less than 2 years. To facilitate this, this Dismissal Letter covers:
Sender and recipient details
The Dismissal Letter for Employees Without Unfair Dismissal Rights starts by setting out the names and addresses of the employer and the employee being dismissed.
Termination of employment
The body of the Dismissal Letter for Employees Without Unfair Dismissal Rights sets out details relating to the employee’s dismissal. These details include:
the reason for the dismissal
how much notice the employee is entitled to and whether this will be worked, not worked as the employee will be paid in lieu, or taken as garden leave
when the employee’s last employment and payment dates are
how the employee’s holiday allowance will be handled
by what date the employee must raise any appeals against their dismissal
The Dismissal Letter also addresses data protection matters, clarifying that all personal data (eg the employee’s name) processed (eg used) during the dismissal process will be treated in accordance with the employer’s Data protection and data security policy. It also encourages the employee to read the employer’s Employee privacy notice to find out more about the employer’s data processing.
If you want your Dismissal Letter for Employees Without Unfair Dismissal Rights to include further or more detailed provisions, you can edit your document. However, if you do this, you may want a lawyer to review or change the Dismissal Letter for Employees Without Unfair Dismissal Rights for you, to make sure it complies with all relevant laws and meets your specific needs. Ask a lawyer for assistance.
Make and implement relevant employment policies
To ensure that all employees are treated fairly, transparently and consistently, it is advisable to make and implement certain workplace policies. When addressing disciplinary matters, including dismissals, the most important policies are a Disciplinary procedure that outlines how disciplinary matters are handled, and a Grievance procedure that outlines how employees can raise grievances and appeals and how such grievances and appeals will be addressed. For more information on other HR policies you may wish to adopt, read HR policies and procedures.
Follow a clear, fair and transparent disciplinary and dismissal process
You are entitled to dismiss an employee as long as you follow the correct procedure and pay any remaining salary and untaken holiday, if any. The level of protection an employee has will depend on how long they have been an employee with your business: employees with 2 years' service have more protection than employees with less than 2 years' service.
Even in situations where an employee has less than 2 years of service, you must deal with their dismissal fairly and reasonably by complying with the standard disciplinary procedure, terms of the employment contract, and any of your relevant internal policies and procedures. This typically includes:
investigating the facts of the situation
interviewing all relevant parties (eg the employee and any witnesses)
asking the employee to attend a disciplinary hearing
giving the correct amount of notice
For more information, read Dismissal and How to run a disciplinary hearing. Consider following our Dismissal checklist to help you through the dismissal process.
Familiarise yourself with automatic unfair dismissal
Employees with more than 2 years of service, can only be dismissed for certain reasons (eg redundancy). Any dismissal that doesn’t meet such a reason may be deemed unfair. While employees with less than 2 years of service are not protected from unfair dismissal, they are protected from certain types of automatic unfair dismissal. Automatic unfair dismissals involve dismissal for certain legally protected reasons, like employees asserting a statutory right, taking family leave, asking to be paid minimum wage, or whistleblowing. Make sure that your dismissal does not constitute automatic unfair dismissal, as you may have a case brought against you in an Employment Tribunal. For more information, read Unfair dismissal.
Understand when to seek advice from a lawyer
if this Dismissal Letter doesn’t meet your specific needs
for imposing a sanction other than dismissal
if you have employees based outside England, Wales and Scotland
