1. Introduction Ending Employment
It is often at the end of employment that you need choices and options. Making your policies and rules around 'the end' of employment clear is really important. They should cover, as a minimum, the following:
- Notice period
- Pay in lieu of notice (PILON) and/or garden leave
- Ability to allocate untaken holiday during notice periods
- Return of Company property
- Any post termination restrictive covenants.
All these (and more) should be covered in the contract of employment to give the organisation as much flexibility (and protection) as possible.
Review the notes (link above) regarding resignation to make sure you consider the practical things that may need to be done including final salary, holiday, access to computers, return of company property etc.
Other Terminations Situations
In addition to a straightforward resignation, other more difficult situations may arise. Please see the links at the top of the page for dismissals relating to:
Dismissal for conduct or performance (see Disciplinary)
- When a resignation is not straightforward! E.g. when an employee has made a complaint, or resigned in the heat of the moment!
In addition to the above, there may be situations where you wish to discuss an exit with an employee. This may be possible under a Settlement Agreement. This is an agreement that will allow both parties to agree to the terms under which the employee will leave. This normally involves a payment to the employee. Settlement Agreements are very useful and used in the right circumstances can be of benefit to both parties. Please see the notes (and links above) and call us to discuss Settlement Agreements in more detail.