Employment Rights Act 1996: Primary legislation establishing basic employment rights, requirements for fair dismissal, statutory notice periods, and the employee's right to receive written reasons for dismissal. This is fundamental for any termination letter.
Equality Act 2010: Protects against discriminatory dismissal based on protected characteristics and ensures fair treatment during disciplinary processes. Must be considered to ensure termination is not discriminatory.
ACAS Code of Practice: Though not legislation, this code provides essential guidance for disciplinary procedures. Non-compliance can result in up to 25% increase in tribunal compensation awards.
Human Rights Act 1998: Ensures fair treatment, right to privacy, and right to a fair hearing during disciplinary and termination processes. Must be considered when drafting termination documentation.
Data Protection Act 2018 and UK GDPR: Regulates the handling of personal information and affects how disciplinary matters and termination records must be maintained and processed.
Unfair Dismissal Provisions: Legal requirements ensuring dismissal is for a fair reason, follows proper procedure, and considers employee's length of service (2-year qualification period for claims).
