90 Day Notice Of Termination Template for England and Wales

A 90 Day Notice Of Termination is a formal legal document that employers use when ending employment relationships that require an extended three-month notice period. This document is essential for compliance with English and Welsh employment law, particularly when contractual terms or statutory requirements mandate longer notice periods than the standard minimum.

When do you need this document?

You need a 90 Day Notice Of Termination when terminating senior executives, directors, or employees in specialized roles where contracts specify extended notice periods. This is particularly common in financial services, where regulatory requirements may mandate longer notice periods, or in situations involving garden leave arrangements. You'll also need this document when making redundancies affecting employees with substantial service or when contractual terms explicitly require 90 days' notice. Additionally, certain professional roles in healthcare, education, or legal sectors may require extended notice periods to ensure proper handover of responsibilities and client relationships.

Key legal considerations

The notice must comply with both contractual terms and statutory minimums under the Employment Rights Act 1996. You must ensure the termination isn't discriminatory under the Equality Act 2010, avoiding any bias related to protected characteristics. The document should clearly state the reason for termination, whether for redundancy, performance, misconduct, or business reorganization. Payment in lieu of notice (PILON) clauses should be considered if you want to end employment immediately while paying the 90-day equivalent. Post-employment restrictive covenants must be clearly outlined, including confidentiality, non-compete, and non-solicitation obligations. You must also address the return of company property, outstanding holiday entitlements, and pension arrangements during the notice period.

Legal requirements in England and Wales

Under English and Welsh employment law, notice must be given in writing and should follow ACAS Code of Practice guidelines for fair procedure. The Employment Rights Act 1996 sets minimum statutory notice periods, but contractual notice can exceed these minimums. You must ensure proper consultation procedures are followed, particularly for redundancies affecting multiple employees under collective consultation requirements. GDPR and Data Protection Act 2018 compliance is crucial when handling personal data during termination. If the termination relates to business transfers, TUPE Regulations 2006 may apply, affecting notice requirements and employee protections. The notice period cannot be waived unilaterally by either party unless contractually permitted, and employees retain most employment rights during the notice period, including protection against unfair dismissal claims.