Termination of employment

This section focuses on the end of the employment relationship. We deal with the mechanics of termination - dismissal, resignation, 'retirement' and agreed termination. Special considerations apply to termination or non-renewal of fixed-term contracts. We consider ‘off the record’ conversations and pre-termination negotiations, which might lead to parties entering into a settlement agreement in relation to termination of employment. We also provide guidance on the tax treatment of payments you might make to an employee on termination of their employment.

We look at key post-termination issues such as post-termination restrictions on employee activities and also consider an employee's right to present a claim of unfair dismissal in relation to the termination of the employment.

 

  • Agreed termination, expiry of a fixed term contract and frustration of a contract

    What is an 'agreed' termination? What happens on the expiry of a fixed term contract? How does the principle of 'frustration of contract' work, and is it ever a realistic option?

  • Constructive dismissal

    We explain what may amount to constructive dismissal which may lead to a claim being made against you.

  • Dismissal

    We advise on the key legal issues relating to dismissal, including what amounts to a dismissal, giving reasons for dismissal and the different types of 'unlawful' dismissal.

  • Notice and notice pay entitlement

    We advise on statutory notice requirements, the operation of contractual notice, 'garden leave' and paying wages during the notice period.

  • Post-termination issues

    We advise you on the key issues that arise following termination of employment.

  • Pre-termination negotiations, the 'without prejudice' principle and settlement agreements

    How can you seek to conduct 'off the record' conversations with employees about the termination of their employment and how can you use written agreements to settle potential claims?

  • Resignation

    We advise you on issues relating to resignation, including an employee's obligation to provide notice of termination.

  • Retirement

    We explain the legal position in relation to employee retirement, and look at possible discrimination and unfair dismissal risks.

  • Taxation of termination payments

    We explain the tax treatment of a termination payment for a departing employee.

  • Unfair dismissals

    We advise on eligibility to claim unfair dismissal and the legal principles that govern whether or not a dismissal is fair. We also cover dismissals that are automatically unfair.

downloads Termination of employment downloads

Download letters, clauses and other useful tools to help manage termination of employment.

Explore downloads>
business-support Practical HR and employment law advice, guidance and support

We handle over 52,000 queries each year

We are on hand to help you manage the pressures of workplace dynamics, implement legislative reforms and guide you to leverage talent to develop your workforce

Read more >
training spotlight image 2 Discover our HR & employment law training

We help ensure you're compliant and effective.

Read more >
Online payments are not supported by your browser. Please choose an alternative browser or make payments through the 'Other payment options' on step 3.