Termination Letter Due To Leave Of Absence Template for England and Wales

When an employee fails to attend work without authorization or exceeds approved leave periods, you may need to terminate their employment. A Termination Letter Due To Leave Of Absence provides the formal legal framework to end the employment relationship while ensuring compliance with England and Wales employment legislation. This document protects both parties by clearly documenting the reasons for termination and demonstrating that proper procedures have been followed.

When do you need this document?

You need this termination letter when an employee has been absent from work without proper authorization, has exceeded their approved leave entitlement, or has failed to return from leave as scheduled. Common scenarios include employees who disappear without notice, those who extend holiday leave without permission, or staff who fail to return after medical leave expires. The document is also necessary when an employee has received previous warnings about attendance issues but continues to be absent. You must ensure that the absence genuinely warrants dismissal and that you've followed your company's disciplinary procedures before issuing this letter.

Key legal considerations

Before terminating employment due to absence, you must consider several critical legal factors. The Employment Rights Act 1996 requires that you provide proper notice periods unless the absence constitutes gross misconduct. You must investigate whether the absence is related to a protected characteristic under the Equality Act 2010, such as disability-related sickness or pregnancy. The letter should reference any previous warnings, disciplinary meetings, or attempts to contact the employee. You must also consider whether the employee has valid reasons for their absence, such as family emergencies or health issues. Include details of final pay, accrued holiday entitlement, and any company property that must be returned. Ensure you follow the ACAS Code of Practice on disciplinary procedures to avoid claims of unfair dismissal.

Legal requirements in England and Wales

Under England and Wales law, termination letters must comply with specific statutory requirements. The Employment Rights Act 1996 mandates that employees with over two years' service receive written reasons for dismissal. You must provide the correct notice period as specified in the employment contract or statutory minimum periods under the Act. The Equality Act 2010 requires you to demonstrate that the termination is not discriminatory and that reasonable adjustments were considered for disabled employees. Data protection obligations under GDPR and the Data Protection Act 2018 apply to how you handle the employee's personal information during termination. The letter must be dated, clearly state the termination date, and specify any outstanding payments or deductions. Keep detailed records of all communications and decisions leading to the termination, as these may be required in employment tribunal proceedings.