What is included in a Dismissal Letter?

This Dismissal Letter template covers: the employer’s and employee’s details the reason for dismissal the termination date relevant details relating to notice periods , payments in lieu of notice (PILONs) and garden leave holiday pay arrangements and final salary payments the right to appeal against the dismissal

Why do I need a Dismissal Letter?

When dismissing someone, you need to make sure you follow the correct procedure. Failure to do so can result in the employee making a claim for unfair dismissal and/or wrongful dismissal in an Employment Tribunal (ET). Make sure to make and send the correct type of Dismissal Letter, based on the specifics of why the employee is being dismissed. For more information, read Dismissal .

What is the unfair dismissal rule and when does it apply?

Usually, a dismissal will be considered fair if the employer can show that it is related to a fair reason . Fair reasons include: an employee's poor performance or misconduct (you must typically first provide disciplinary warnings to employees, using Disciplinary letters , before dismissing them for these reasons) an employee’s gross misconduct (eg theft, poor attendance or violence) a genuine redundancy (ie because the employer stops carrying on the business for which a particular employee was employed or stops requiring employees (or requires fewer employees) to carry out the work) a legal requirement (eg if an employee needs to drive for their job but has had their driving licence revoked) another substantial reason (eg the employee’s unreasonable refusal to accept changes to their terms of employment ) If the dismissal isn’t for one of the above reasons, the dismissal could potentially be considered unfair . If an employee brings and wins an ET claim for unfair dismissal the employer has to pay compensation and may have to reinstate or otherwise re-engage the employee. Note that employees can only bring a claim for unfair dismissal if they have at least 2 years of continuous service with the employer. This is, however, not the case for automatic unfair dismissal (ie specific, legally protected reasons that cannot be used as a basis for dismissal, like pregnancy or trade union activity). Automatic unfair dismissal cases can be brought by employees even before they accrue 2 years’ service. Ask a lawyer for advice if you're not sure if your reason for dismissal is fair.

Which Dismissal Letter should I choose?

This depends on the specifics of the situation. However, always make sure you do things right when dismissing an employee: if an employee does not qualify for unfair dismissal rights , a General dismissal letter is usually satisfactory if the employee qualifies for unfair dismissal rights you may need a Poor performance dismissal letter or a Misconduct dismissal letter if at any time an employee commits an act of gross misconduct, a Summary dismissal letter can be used to dismiss that employee without notice (known as ‘ summary dismissal ’) if the employee is being made redundant, a Redundancy dismissal letter should be used For more information, read Dismissal , Notice periods and What to do when an employee leaves . Use our Dismissal checklist to ensure you have followed the necessary steps when letting a member of staff go.

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Other Names: Employee Dismissal Letter Notice of Dismissal Letter of Dismissal Dismissal Notice Staff Dismissal Letter

What is a Dismissal Letter?

A Dismissal Letter is a formal notification informing an employee that their employment is being brought to an end and they are being dismissed. Dismissal Letters are used by employers as notice of termination of employment in accordance with the laws of England, Wales and Scotland.

When should I use a Dismissal Letter?

Use this Dismissal Letter:

to dismiss an employee because of poor performance
to dismiss an employee because of misconduct
to dismiss an employee because of gross misconduct
to dismiss an employee for reason of redundancy
as a general dismissal (ie where the employee has less than 2 years’ service)

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Dear ,

Re: Confirmation of dismissal

Following the disciplinary hearing held on the decision has been made to terminate your employment by reason of your misconduct.

The reason for this decision is that the hearing has found that your conduct was unsatisfactory in the following respects: .

Since you currently have an active final written warning dated on your disciplinary record, we consider that dismissal is the appropriate sanction.

The arrangements in respect of your dismissal are:

Your dismissal is effective immediately and your final day of employment is therefore (the Termination Date). You will be paid in lieu of your notice period of in accordance with your contract of employment, subject to normal deductions of tax and National Insurance contributions.
We will pay you in lieu of any accrued but untaken holiday, less normal deductions of tax and National Insurance contributions.
If you are entitled to reimbursement of any genuine expenses incurred prior to the Termination Date, you must submit your claim by .
You must return in good condition any property which belongs to us, as we direct. This includes confidential information and documents, whether in hard copy or electronic form.
Your final payment of salary shall be made on , less normal deductions of tax and National Insurance contributions and we will forward your P45 to you in due course;

You have the right to appeal against your dismissal and any of the above arrangements can be varied or revoked in the event of a successful appeal. If you wish to appeal you should inform in writing by , stating your grounds of appeal in full and your appeal will be dealt with in accordance with the company's disciplinary procedure. The dismissal will still take effect as described above if you appeal, but if your appeal is successful then you will be reinstated with retrospective effect to the Termination Date and any lost pay will be reimbursed.

We treat personal data collected during the disciplinary 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.

If you have any questions please contact .

Yours sincerely,

About Dismissal Letters

Learn more about making your Dismissal Letter

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How to make a Dismissal Letter
Making a Dismissal Letter 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.

Which information you need to make your Dismissal Letter will depend on why you’re dismissing the employee and the type of Dismissal Letter in question. However, the types of questions you may be asked include:

Employer details
- What are the employer’s details (ie legal structure and name)?
  - If the employer is a partnership, LLP or company, who will sign on its behalf?
- What is the date of the Dismissal Letter?
Hearing
- What was the date of the previous meeting(s) (eg all relevant disciplinary hearings or the redundancy consultation meeting)?
Dismissal
- Why is the employee being dismissed?
- Does the employee have any active disciplinary warnings?
Appeal
- What is the final deadline for the employee to appeal against their dismissal?
- Who should the employee contact if they wish to appeal and/or have any questions about their dismissal?
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Common terms in a Dismissal Letter
Dismissal Letters are used to dismiss an employee. While the terms of a Dismissal Letter differ depending on the document in question, examples of common provisions in Dismissal Letters include:

Sender and recipient details

The start of the Dismissal Letter sets out the employer’s and the employee’s details.

The dismissal itself

The body of the Dismissal Letter provides details relating to the dismissal. This includes:
- why the employee is being dismissed
- where relevant, the date of the initial meeting held to discuss the matter (eg a disciplinary hearing or redundancy consultation meeting)
- how much notice of their dismissal the employee is being given
- the employee’s last day of employment
- any prior disciplinary warnings
- how annual leave will be handled (ie how the employer will handle any accrued but untaken holiday or any holiday taken in excess of the accrued holiday)
- when the employee’s last payment date is
Data protection

The Dismissal Letter explains that any personal data (eg the employee’s name and address) processed (eg used) during the dismissal process will be treated in accordance with the employer’s Data protection policy. It also encourages the employee to check the Employee privacy notice for more information on the processing of their data.

The right to appeal

The Letter details the employee’s right to appeal the dismissal. This includes details of who the employee should contact for such appeals and by what date an appeal should be made. It also clarifies that, if the employee’s appeal is successful, they will be reinstated with retrospective effect to their last day and any lost pay will be reimbursed.

If you want your Dismissal Letter 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 you, to make sure it complies with all relevant laws and meets your specific needs. Ask a lawyer for assistance.
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Legal tips for making a Dismissal Letter
Adopt relevant HR policies and procedures

You should consider making and implementing certain workplace policies to ensure you treat your staff members in a consistent, fair and transparent manner. With regards to dismissals, it is particularly important that you adopt a Disciplinary procedure, setting out how any disciplinary issues are handled, and a Grievance procedure, setting out how employees can raise grievances and make appeals and how such grievances and appeals will be handled. For more information on other workplace policies you could adopt, read HR policies and procedures.

Always follow a fair and transparent dismissal process

Before dismissing an employee, regardless of the reason, employers should follow a clear and fair process. Make sure to follow the employee's contract and any relevant policies. This may involve:
- investigating the facts of the situation
- interviewing all relevant parties (eg the employee and any witnesses)
- asking the employee to attend a disciplinary hearing or redundancy meeting to discuss the situation
- considering alternatives to dismissal
For more information, read Dismissal, How to run a disciplinary hearing and Redundancy.

Understand when to seek advice from a lawyer

Ask a lawyer if:
- this document doesn’t meet your needs
- you have employees based outside England, Wales and Scotland
- you’re unsure which document to use
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Dismissal Letter FAQs

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What is included in a Dismissal Letter?
This Dismissal Letter template covers:
- the employer’s and employee’s details
- the reason for dismissal
- the termination date
- relevant details relating to notice periods, payments in lieu of notice (PILONs) and garden leave
- holiday pay arrangements and final salary payments
- the right to appeal against the dismissal
Why do I need a Dismissal Letter?

When dismissing someone, you need to make sure you follow the correct procedure. Failure to do so can result in the employee making a claim for unfair dismissal and/or wrongful dismissal in an Employment Tribunal (ET).

Make sure to make and send the correct type of Dismissal Letter, based on the specifics of why the employee is being dismissed. For more information, read Dismissal.
What is the unfair dismissal rule and when does it apply?
Usually, a dismissal will be considered fair if the employer can show that it is related to a fair reason. Fair reasons include:
- an employee's poor performance or misconduct (you must typically first provide disciplinary warnings to employees, using Disciplinary letters, before dismissing them for these reasons)
- an employee’s gross misconduct (eg theft, poor attendance or violence)
- a genuine redundancy (ie because the employer stops carrying on the business for which a particular employee was employed or stops requiring employees (or requires fewer employees) to carry out the work)
- a legal requirement (eg if an employee needs to drive for their job but has had their driving licence revoked)
- another substantial reason (eg the employee’s unreasonable refusal to accept changes to their terms of employment)
If the dismissal isn’t for one of the above reasons, the dismissal could potentially be considered unfair. If an employee brings and wins an ET claim for unfair dismissal the employer has to pay compensation and may have to reinstate or otherwise re-engage the employee.

Note that employees can only bring a claim for unfair dismissal if they have at least 2 years of continuous service with the employer. This is, however, not the case for automatic unfair dismissal (ie specific, legally protected reasons that cannot be used as a basis for dismissal, like pregnancy or trade union activity). Automatic unfair dismissal cases can be brought by employees even before they accrue 2 years’ service.

Ask a lawyer for advice if you're not sure if your reason for dismissal is fair.
Which Dismissal Letter should I choose?
This depends on the specifics of the situation. However, always make sure you do things right when dismissing an employee:
- if an employee does not qualify for unfair dismissal rights, a General dismissal letter is usually satisfactory
- if the employee qualifies for unfair dismissal rights you may need a Poor performance dismissal letter or a Misconduct dismissal letter
- if at any time an employee commits an act of gross misconduct, a Summary dismissal letter can be used to dismiss that employee without notice (known as ‘summary dismissal’)
- if the employee is being made redundant, a Redundancy dismissal letter should be used
For more information, read Dismissal, Notice periods and What to do when an employee leaves. Use our Dismissal checklist to ensure you have followed the necessary steps when letting a member of staff go.

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Check and agree

Read your Dismissal Letter to make sure it meets your needs and that everyone involved in the dismissal process agrees with it. Remember that if you have any questions you can easily Ask a lawyer.
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Send the Letter

Send the Dismissal Letter to the employee being dismissed. Note that this Dismissal Letter is a formal notice, which means that it must be served (ie delivered) correctly. Before you send the Dismissal Letter, check all relevant documents (eg the employee’s employment contract and relevant HR policies, like a disciplinary procedure) for any rules about the service of formal notices. All rules should be followed.
Store your document

Keep a copy of the signed Dismissal Letter for your records. A copy will be stored automatically in your Rocket Lawyer account ‘Dashboard’.
Important details
- If you serve the Dismissal Letter by hand and in person, give it to the employee personally. Make sure to keep a copy of the signed Letter and anything else delivered with it (eg supporting documentation).
- If you post the Dismissal Letter, check that you send the Letter to the employee’s up-to-date address using recorded delivery and keep proof of posting and delivery. Also keep a copy of the signed Letter and anything else delivered with it (eg supporting documentation).
- If you send the Dismissal Letter by email, ensure that you are allowed to do so (eg by checking the employee’s employment contract) and keep ‘read receipts’ as proof of service. Also keep a copy of the email, together with any attachments.
- Where possible, speak to the employee before serving the Dismissal Letter and let them know that their employment is coming to an end. If, for whatever reason, this isn’t practical, ensure that the employee actually receives and reads the Letter.

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