90 Day Termination Notice Template for England and Wales

A 90 Day Termination Notice is a formal document that provides employees with an extended notice period before their employment ends. Under England and Wales law, this extended notice period goes beyond the standard statutory requirements and is typically used when contractual agreements, senior positions, or complex role responsibilities necessitate additional transition time.

When do you need this document?

You need a 90 Day Termination Notice when your employment contract specifies an extended notice period, particularly for senior management roles, specialized positions requiring extensive handover periods, or situations involving significant client relationships. This document is also essential when terminating employment during major business transitions, restructuring processes, or when the role involves confidential information that requires careful transition management. The extended notice period allows for comprehensive knowledge transfer and ensures business continuity.

Key legal considerations

The notice must clearly state the termination date, reason for termination (where appropriate), and any specific requirements during the notice period. You must ensure the termination complies with anti-discrimination laws under the Equality Act 2010, particularly regarding protected characteristics. The document should address payment arrangements during the notice period, including salary, benefits, and any garden leave provisions. Consider including confidentiality obligations, non-compete clauses where enforceable, and handover responsibilities. If the termination relates to redundancy, ensure proper consultation procedures have been followed and statutory redundancy payments are addressed.

Legal requirements in England and Wales

Under the Employment Rights Act 1996, written notice must be provided for termination, and the notice period must comply with both statutory minimums and contractual obligations. The 90-day period typically stems from contractual agreements rather than statutory requirements, which generally provide for shorter notice periods. You must follow ACAS Code of Practice guidelines for fair dismissal procedures, including proper consultation where applicable. The notice must be served in accordance with the employment contract terms, typically requiring personal delivery or recorded delivery. If the termination involves TUPE Regulations 2006 due to business transfers, additional consultation and information requirements apply. Ensure all payments during the notice period comply with National Minimum Wage regulations and that any deductions are lawful under employment legislation.