What are the five fair reasons for dismissal (UK)?

Under s.98 of the Employment Rights Act 1996: conduct, capability, redundancy, statutory illegality, and 'some other substantial reason'. You need one of these AND a fair process — a fair reason handled unfairly is still an unfair dismissal.

What happens if I don't follow the Acas Code?

The Code isn't directly actionable by itself, but if a tribunal finds you unreasonably failed to follow it, it can increase compensation by up to 25%. The ladder above is the Code in letter form: investigate, invite in writing, hear them out, decide, offer an appeal.

How much notice do I have to give — and can I pay in lieu?

The UK statutory minimum is one week per full year of service, capped at 12 weeks (ERA 1996 s.86) — the contract may promise more. Paying in lieu of notice is cleanest when the contract contains a PILON clause; without one, take advice before doing it. Gross misconduct can justify summary dismissal without notice — after a fair process.

Can I just offer them money to leave quietly?

You can hold a 'protected conversation' about an agreed exit — ERA 1996 s.111A keeps it out of an ordinary unfair-dismissal claim when handled properly — followed by a settlement agreement. To be valid the agreement must be in writing and the employee must receive independent legal advice on it; Acas guidance is to allow at least 10 days to consider the offer.

Gross misconduct — can I dismiss on the spot?

You can dismiss without notice for gross misconduct, but not without process. Suspend on full pay if needed, investigate, hold the hearing, then decide. 'Sacked in the corridor' is how factually strong cases get lost at tribunal.

Do I have to offer an appeal?

The Acas Code expects it, and skipping it feeds the 25% uplift. The appeal should be heard by someone senior who wasn't involved in the original decision — in a small company that can be genuinely hard, so document who heard it and why.

US: do I even need a termination letter?

Usually not by federal law — but several states require written notices (New York within 5 working days, including benefit end dates), final-paycheck deadlines vary wildly (California: same day, with waiting-time penalties), and unused-PTO payout is state-by-state. If you offer severance to someone 40 or over, the OWBPA requires at least 21 days to consider (45 for group layoffs) and 7 days to revoke. GitLaw's US kit asks your state and adapts the letter, the checklist and the severance agreement to it.

Is this legal advice?

No. GitLaw is a self-service tool that helps you follow a fair, documented process and draft the letters it needs. It isn't a law firm and doesn't give legal advice — for a contested or senior exit, have an employment lawyer review the plan.

Free dismissal letters

Letting someone go? Do it fairly — and properly.

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The fair process

The Acas-shaped path — every letter drafted for you.

A UK dismissal is a sequence, not a letter: invite → hearing → outcome → appeal. Skip a step and a tribunal can uplift compensation by up to 25%. GitLaw drafts each one, in order.

Previewing for [Employee Name], Account Manager · misconduct track (UK)

Example Company3rd Floor, 18 Charter Street, Manchester M1 4FT [email protected] · 0161 496 0733

6 August 2026

Private & confidential [Employee Name], Account Manager

Re: Outcome of your disciplinary hearing

Dear [Employee Name], I am writing to confirm the outcome of your disciplinary hearing held on 13 August 2026, which you attended with your companion. Having considered the evidence and your responses carefully, the decision is that you are dismissed, with notice, on the ground of conduct: the repeated failure to meet agreed client deadlines set out in the invitation letter, which earlier warnings and support have not resolved. You are entitled to four weeks' notice under your contract. Your employment will end on the expiry of that notice; you will be paid to that date, together with any accrued but untaken holiday. You have the right to appeal this decision. If you wish to appeal, write to me within 7 days of receiving this letter, setting out your grounds. The appeal will be heard by someone not previously involved in this matter. Thank you for the contributions you have made during your employment.

Yours sincerely,Priya ShahPriya ShahDirector, Example Company

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GitLaw drafts with trusted templates from its library

Redundancy letter (UK) — Acas Settlement agreement (UK) — Acas

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What a dismissal has to get right

From 1 January 2027, UK employees can claim unfair dismissal after 6 months' service instead of 2 years — a fair, documented process is about to matter for almost every hire. In the US, at-will doesn't mean paperwork-free: final-pay deadlines and notice duties vary by state. Process is your protection.

25%tribunal uplift for unreasonably ignoring the Acas Code

6 monthsunfair-dismissal qualifying period from 1 Jan 2027 — down from 2 years

1 week/yearUK statutory minimum notice per year served (max 12 weeks)

Acas Code of Practice; Employment Rights Act 2025 (business.gov.uk); Employment Rights Act 1996 s.86

Plan the process

How it works

Describe the situation

The role, what happened, and where you are — GitLaw maps the right track: misconduct, capability, redundancy or an agreed exit.

Follow the process, letter by letter

UK: the Acas-shaped sequence — invite, hearing, outcome, appeal. US: a state-aware exit kit — termination letter plus a compliant severance agreement.

Keep the record

Every letter, note and deadline stays organised in your workspace — the documentation that protects you if the decision is ever challenged.

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