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Going Away Letter Template for England and Wales

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Key Requirements PROMPT example:

Going Away Letter

"I need a Going Away Letter for a senior software developer who is resigning from our tech company on 15 March 2025, with specific provisions for the return of equipment and protection of source code."

Document background
The Going Away Letter serves as a crucial document in the employment termination process under English and Welsh law. It is typically used when an employee is leaving an organization, whether through resignation, retirement, or mutual agreement. The letter formally documents the departure arrangements, including the last working day, final payment details, company property returns, and any continuing obligations. This document helps protect both parties' interests and ensures compliance with UK employment legislation, particularly the Employment Rights Act 1996 and related regulations.
Suggested Sections

1. Departure confirmation: Statement confirming employee's last working day and formal departure date

2. Final payment details: Information about final salary payment, outstanding benefits, and any other payments due

3. Company property return: Details of company property to be returned and the process for return

4. Ongoing obligations: Summary of continuing obligations including confidentiality requirements

Optional Sections

1. Regulatory compliance: Additional requirements for regulated industries including specific compliance obligations and handover processes

2. Reference arrangements: Details of how future employment reference requests will be handled

3. Post-termination restrictions: Reminder of any applicable restrictive covenants or non-compete obligations

4. Garden leave: If applicable, terms and conditions of garden leave period

Suggested Schedules

1. Company property checklist: Detailed list of company assets and equipment to be returned

2. Final payment calculation: Breakdown of final payment including salary, benefits, and any deductions

3. Handover document: Summary of ongoing projects, key contacts, and handover instructions

4. Data protection acknowledgment: Confirmation of ongoing data protection obligations and handling of personal information

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions












Clauses















Relevant Industries
Relevant Teams
Relevant Roles
Industries

Employment Rights Act 1996: Primary legislation governing employment termination rights, including requirements for final payments and documentation upon employee departure

Data Protection Act 2018 and UK GDPR: Legislation governing the handling of personal data, data privacy obligations, and ongoing confidentiality requirements in employment context

Equality Act 2010: Framework for non-discrimination provisions and protection against unfair treatment in employment relationships

Trade Secrets Regulations 2018: Regulations protecting company confidential information and intellectual property rights post-employment

Companies Act 2006: Comprehensive legislation covering director duties, obligations, and corporate governance requirements relevant to departing employees

Financial Services and Markets Act 2000: Regulatory framework for financial sector employees, including specific obligations and compliance requirements upon departure

Senior Managers and Certification Regime: Regulatory framework for senior financial sector employees, covering regulatory references and conduct rules

Employment Relations Act 1999: Legislation governing post-employment obligations and reference provisions for departing employees

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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