Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
- What is an employer notice letter?
- Before you write: check the contract, check the facts, check the process
- Final pay and holiday: confirm the principles, calculate the figures separately
- Return of company property, access and handover
- Appeals: when to include a right of appeal
- Template: employer notice letter (small business friendly)
- Common employer mistakes to avoid
Employer FAQ
- Can I end someone’s employment immediately?
- Can I make an employee take annual leave during their notice period?
- Do I have to pay untaken holiday when employment ends?
- Can I deduct money from final pay for unreturned equipment or costs?
- Can I cut off system access as soon as I give notice?
- Can I withdraw notice once I’ve given it?
- Should I include the reason for termination in the notice letter?
- Do I need to offer an appeal?
- When it’s worth getting tailored advice
Ending an employment relationship is one of those moments where the letter matters, but the letter is never the whole story. Small business owners often assume a “notice letter” is just an admin step: put the end date in writing, explain final pay, and move on. In practice, termination letters are among the documents most likely to be scrutinised later - by the employee, an adviser, or (in worst-case scenarios) a tribunal.
A good employer notice letter does two things at once. It confirms the key practical details (notice period, end date, and what happens next), and it avoids language that creates unnecessary legal risk (for example, implying misconduct without a process, or promising exact pay outcomes you haven’t calculated).
What is an employer notice letter?
An employer notice letter is written confirmation that employment will end and it sets out the key terms of the exit. It is most commonly used for “termination with notice” situations (including some redundancy outcomes), and it can also be used after a capability or conduct process where dismissal has been decided.
It is important to be clear about what the letter is - and what it is not. The letter is the written record of the decision and the arrangements. It does not replace the underlying process. If you are dismissing for performance or conduct, you generally need a fair procedure. If it’s redundancy, you generally need consultation. A well-written notice letter won’t fix a procedurally unfair dismissal.
Before you write: check the contract, check the facts, check the process
Before drafting, confirm the contractual notice period and whether the contract gives you express rights to:
- place the employee on garden leave, and/or
- make a payment in lieu of notice (PILON).
Also check any provisions that commonly cause disputes on exit, such as commission/bonus terms, benefits, and any deductions clauses (for example, for overtaken holiday or unreturned property).
Just as importantly, sanity-check your process and paperwork. If this is redundancy, make sure consultation has happened (and is documented) before you send an outcome letter. If this is performance or conduct, make sure the employee has had an opportunity to respond and you can point to a reasoned decision.
Finally, be careful not to use a “notice letter” at all where the situation is actually summary dismissal for alleged gross misconduct. That’s a different legal and drafting scenario (including notice pay issues) and it’s one of the clearest points where getting advice early can save you from compounding risk.
Notice, garden leave and PILON: choose the right approach and the right wording
Most employer letters go wrong because they mix these concepts up. The practical outcome might feel similar (“they’re leaving”), but the legal framing is different, and the letter should match the arrangement.
Working notice
If the employee will continue working until the end date, your letter is simply confirming termination with notice. Keep the wording clean and factual: notice length, dates, reporting line, and expected conduct during notice.
Garden leave
If you want the employee not to attend work but to remain employed and paid until the end date, that is usually garden leave. This is safest where you have a contractual right to place an employee on garden leave. Your letter should make clear that the employee remains employed, remains bound by contractual obligations (including confidentiality), and must remain available during working hours if required.
PILON
If you want employment to end immediately (or earlier than the notice end date) and you will pay instead of having the employee work the notice, that is PILON. Ideally, you rely on an express PILON clause. If your contract doesn’t contain one, you should be cautious: you generally cannot simply “impose” PILON without creating breach-of-contract risk, and the cleanest route is often an agreed approach (or advice on how to structure the exit).
If you’re in any doubt, avoid inventing labels in the letter. Describe what is actually happening: when employment ends, whether the employee is required to work, and what payments will be made.
Final pay and holiday: confirm the principles, calculate the figures separately
A common mistake is putting exact numbers into a termination letter when payroll hasn’t confirmed them. It’s fine (and usually helpful) to confirm what final pay will include, but it’s often better to keep it principle-based and say that HR/payroll will confirm calculations separately.
As a baseline, your letter can explain that final pay will include salary up to the termination date and payment in lieu of any untaken statutory holiday accrued up to the termination date (plus treatment of any additional contractual leave in line with the contract/policy), along with any other contractual entitlements that apply.
Be careful with deductions. If an employee has taken more holiday than accrued, deductions from final pay are usually safest where there’s a contractual right (or a clear prior written agreement) allowing you to recover it. If you’re unsure, don’t promise deductions or recovery in the letter - get advice and handle it carefully.
Return of company property, access and handover
A short paragraph about property and access is a small step that prevents a lot of friction. It sets expectations without making it personal.
Keep it practical. State what needs to be returned and when, who will coordinate handover, and how to deal with access to systems and client accounts. If you are ending access quickly for security reasons, stay consistent with your internal practice and avoid language that suggests wrongdoing unless that has been established through process.
Appeals: when to include a right of appeal
If the letter follows a dismissal decision connected to conduct or capability (or another scenario where fairness is in play), it is good practice to include a clear right of appeal. That can be as simple as stating who to write to and the time limit.
For a straightforward termination that is genuinely “without cause” (in the ordinary sense of not being a disciplinary/capability dismissal), an appeal paragraph may be less relevant - but it can still be a sensible inclusion in many workplaces. The key is to match the letter to the reality of the process you’ve used.
Template: employer notice letter (small business friendly)
Private & Confidential
Dear ,
This letter confirms that is giving you notice to terminate your employment. Your notice period is . Your employment will therefore end on (your last day of employment).
During your notice period, you will .
Your final pay will include salary up to your end date and payment in lieu of any untaken statutory annual leave accrued up to that date (with any additional contractual leave treated in accordance with your contract and policies), subject to usual deductions. will confirm the final calculation separately.
Please return all company property (including ) by . If you have any questions about arrangements during your notice period, please contact .
We also remind you that your confidentiality obligations continue after your employment ends.
You have the right to appeal this decision. If you wish to appeal, please do so in writing to by .
Yours sincerely,
Common employer mistakes to avoid
The most common drafting problem is including language that reads like an accusation (“unacceptable behaviour”, “poor performance”) without the process and documentation to support it. If you need to refer to a reason, keep it factual and consistent with your records - and don’t add commentary you can’t prove.
The most common practical problem is being vague about dates. Avoid “four weeks from today.” State the notice period and the exact last day of employment. That single detail can prevent disagreements about pay and entitlement.
Another frequent issue is promising entitlements you haven’t checked. Bonuses, commission, and benefits often have conditions, and holiday treatment can turn on contract wording. If you’re not certain, confirm the categories of payment and send the exact figures in a separate payroll confirmation.
Finally, make sure you can evidence delivery. Send the letter in a way you can prove (email with a saved copy is often enough), and keep a clear record of when notice was given and received.
Employer FAQ
Can I end someone’s employment immediately?
Sometimes - but “immediately” can mean different things.
If you want the person to stop attending work straight away but you will keep paying them through the notice period, that is usually garden leave (and it’s safest where you have a contractual right to place them on garden leave).
If you want employment to end immediately and pay them instead of having them work notice, that is PILON. This is simplest where the contract includes a PILON clause. If it doesn’t, you should be cautious and consider advice before attempting to impose it.
If you are considering summary dismissal for alleged gross misconduct, that’s a separate path again and you should tread carefully, because the process and drafting are different.
Can I make an employee take annual leave during their notice period?
Often yes, but it needs to be handled properly. Employers can generally require employees to take annual leave at particular times by giving the correct notice, and it’s important to apply your approach consistently and in line with the contract and holiday policy.
In practice, many employers either agree a sensible plan for leave during notice (to support handover) or pay out untaken leave at the end. The right approach depends on what you need operationally and how much leave is outstanding.
Do I have to pay untaken holiday when employment ends?
As a general rule, employees should be paid for any untaken statutory holiday entitlement they’ve accrued when their employment ends. Contractual leave above the statutory minimum should be handled in line with the contract/policy, but most employers also pay it out unless the contract says otherwise.
If an employee has taken more holiday than accrued, deductions from final pay are usually safest where the contract (or a clear written agreement) allows recovery.
Can I deduct money from final pay for unreturned equipment or costs?
Only do this carefully. Deductions from wages are restricted, and you will usually want a clear contractual right (or the employee’s written agreement) before deducting for property, training costs, or other amounts. If you don’t have a clear right, the safer route is usually to request return of the property and deal with any dispute separately rather than “self-help” deductions.
Can I cut off system access as soon as I give notice?
Sometimes, yes - particularly where security, client confidentiality, or risk management is a genuine concern. The key is to keep it consistent and proportionate, and to align it with the arrangement you’ve chosen (for example, garden leave often goes hand-in-hand with access restrictions).
If you are ending access immediately while still expecting the employee to work normally, think carefully about whether you’re undermining your own handover plan.
Can I withdraw notice once I’ve given it?
Sometimes, but only in limited and practical terms. If the employee accepts the notice and plans their exit around it, “withdrawing” it unilaterally can create legal and employee relations issues. If you want to reverse course, the cleanest approach is usually to treat it as a mutual agreement in writing (for example, confirming that termination is rescinded and employment continues on the same terms).
If the situation is tense or the employee has already relied on the termination decision, get advice before trying to unwind it.
Should I include the reason for termination in the notice letter?
Only if it helps - and only if it’s consistent with your process and records.
For many small businesses, the safest approach is to keep the notice letter factual and avoid argumentative language. If the dismissal follows a capability or disciplinary process, you can refer to the outcome briefly and attach (or reference) the outcome letter. If it’s redundancy, you can refer to the redundancy outcome and the fact consultation occurred.
Do I need to offer an appeal?
If the termination follows a disciplinary or capability process, offering an appeal is generally good practice and can matter for fairness. Including a short appeal paragraph (who to contact and by when) is a simple way to show procedural care.
For a straightforward termination with notice that isn’t linked to misconduct/performance, an appeal may be less relevant - but it can still be appropriate depending on your workplace practices.
When it’s worth getting tailored advice
Many terminations are routine. It’s worth getting specific advice if the employee is senior, the notice period is long, the situation is likely to be contentious, or there are restrictive covenants, client ownership issues, or significant commission/bonus arrangements.
It’s also wise to get advice where you’re considering garden leave or PILON and you’re not sure the contract supports it, where redundancy processes are involved, or where you’re contemplating summary dismissal for alleged gross misconduct.
If you would like a consultation writing a notice letter, you can reach us at 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat.


