EMPLOYER INFORMATION
TERMINATION OF EMPLOYMENT
There are three main ways to end an employment relationship:
• dismissal by the employer
• resignation by the employee
• mutual agreement
Each has different legal implications and requires proper procedure.
1. Statutory minimum notice periods
Employees are entitled to statutory minimum notice, unless:
• they are dismissed for gross misconduct, or
• they resign in circumstances amounting to constructive dismissal.
Statutory notice owed to employees:
• 1 week if employed for at least 1 month but less than 2 years
• 1 week per full year of service, up to a maximum of 12 weeks
Notice owed by employees:
Employees must give at least 1 week’s notice if they have at least 1 month’s continuous service.
2. Contractual notice periods
Employment contracts may specify longer notice periods for both parties.
However, contractual notice can never be shorter than the statutory minimum.
Longer notice periods are common for:
• managerial roles
• specialist positions
• roles with business‑critical responsibilities
• contracts with restrictive covenants
3. Gross misconduct dismissals
In cases of serious misconduct, an employer may dismiss an employee without notice.
However, a fair disciplinary process must still be followed in line with the ACAS Code.
Examples include:
• theft
• violence
• serious health and safety breaches
• gross insubordination
4. Resignation
Employees may resign by giving contractual or statutory notice.
In some cases, resignation may amount to constructive dismissal if the employer has fundamentally breached the contract.
5. Mutual agreement
This is a flexible way to end employment, often used in cases of:
• restructuring
• workplace conflict
• long‑term sickness
• loss of trust or confidence
This usually takes the form of a Settlement Agreement, which requires the employee to obtain independent legal advice.
6. How I help employers
• advising on dismissals and notice periods
• drafting dismissal and resignation letters
• negotiating Settlement Agreements
• assessing unfair dismissal risk
• representing employers in ACAS and Tribunal proceedings

