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🇬🇧 UK Employment Law | Employment Rights Act 1996

Australian Employer Termination Letter: Notice and Fair Process

Prepare a formal employer termination letter for Australia. Notice, consultation, and process can be affected by the National Employment Standards, an award, enterprise agreement, contract, and Fair Work obligations.

Create a formal employer letter, then complete the required local review before delivery. Create employer termination letter
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Statutory Notice
1 Week Min. (or Contract)

Section 86 ERA 1996 mandates 1 week minimum after 1 month service. Contractual terms (e.g. 1–3 months) prevail if longer.

Notice Delivery
Written & Signed

Written notice served in person or by recorded post. Notice period officially starts the day after receipt.

Accrued Holiday & P45
Mandatory Statutory Pay

All untaken statutory annual leave (5.6 weeks pro-rata) must be settled in your final payslip alongside your P45 tax form.

Garden Leave & PILON
Contractual Clauses

Employer may place you on Garden Leave or exercise Payment in Lieu of Notice (PILON) if authorized by contract.

NES, award, agreement, and contract

Identify the applicable National Employment Standards, award, enterprise agreement, and contract. These can affect notice, final pay, redundancy, consultation, and other obligations.

Procedural fairness and protected rights

Review the reason, warnings or consultation where relevant, leave and workplace-right protections, discrimination risk, and any required procedural steps before the final decision and notice.

Redundancy and documented delivery

For redundancy or multiple affected employees, check consultation and redundancy-pay obligations separately. Deliver the signed original through a documented channel and retain proof of receipt.

UK Statutory Notice Periods under Section 86 ERA 1996

Length of Continuous Employment Statutory Minimum Notice Legal Source & Contractual Overrides
Under 1 Month of Service No statutory notice Subject to any contractual probation notice
1 Month to 2 Years of Service 1 Week Minimum ERA 1996 s.86(1)(a) – Employee & Employer minimum
2 Years to 12 Years of Service 1 Week per Complete Year Worked ERA 1996 s.86(1)(b) – Applies to Employer notices
12 Years or More of Service 12 Weeks (Statutory Cap) ERA 1996 s.86(1)(c) – Maximum statutory baseline

4 Steps to Resigning Under UK Employment Law

1

Identify Your Governing Notice Period

Review your written statement of employment particulars to confirm whether statutory (1 week) or contractual (1–3 months) notice applies.

2

Create Your Compliant Resignation Letter

Use CVwerk to compute your official departure date and draft a professional letter requesting accrued holiday settlement and an employment reference.

3

Deliver Signed Letter with Proof of Receipt

Deliver the signed physical letter or email with PDF attachment to HR and line manager, requesting formal written acknowledgement.

4

Collect Final Payslip, Holiday Pay & P45

Ensure accrued untaken statutory holiday pay is calculated accurately and your P45 is issued promptly for your next employer.

Are you leaving as an employee?

Häufige Fragen

No. An award, enterprise agreement, contract, and the facts of the termination may add obligations.

The right approach depends on the circumstances and applicable rules. Seek professional review for high-risk cases.

No. It provides drafting guidance only and does not replace qualified Australian workplace-law advice.

Prepare your Australian employer termination letter

Fair Work reminders, formal formatting, and a practical delivery checklist.

Create employer termination letter