TL;DR: Terminating an employee without the correct notice — or the correct reason — is one of the most expensive employment law mistakes a business can make. Notice period rules, redundancy entitlements, and "just cause" requirements vary significantly across the seven countries MmowW Scrib🐮 supports. This guide gives you the framework to prepare compliant documentation before any termination decision.
Employers frequently assume that the notice period in the employment contract governs termination. That assumption is dangerously incomplete.
In most jurisdictions, there is a statutory minimum notice period that applies regardless of what the contract says. If the contractual notice is shorter than the statutory minimum, the statutory minimum takes precedence. In France, the minimum notice period (préavis) is set by collective agreement and can be significantly longer than the statutory floor — and termination without cause (licenciement) requires a specific procedure including a preliminary interview (entretien préalable) that must precede any dismissal letter. In Sweden, the Lag om anställningsskydd (LAS — Employment Protection Act) provides that employees can only be dismissed for "objective grounds" (redundancy) or "personal reasons" (serious misconduct) — at-will dismissal simply does not exist. In New Zealand, the Employment Relations Act 2000 requires a fair and reasonable procedure before any dismissal, even for genuine misconduct.
Beyond notice, redundancy — the legitimate business reason for ending an employment relationship — carries specific documentation, consultation, and payment obligations in every jurisdiction. Getting the procedure wrong, even when the underlying redundancy is genuine, can result in a finding of unfair dismissal.
MmowW Employment Checker helps you:
The tool does not advise on whether a specific termination is lawful. For that, consult a qualified employment solicitor. It gives you a structured framework so your document preparation is informed before that consultation.
Use our free tool: Employment Checker
Try it free →A UK employer wishes to terminate an employee with five years' service immediately, paying them in lieu of their five-week notice period instead of requiring them to work it out. "Payment in lieu of notice" (PILON) is permissible, but only if it is expressly provided for in the employment contract. Without a contractual PILON clause, the employer who terminates immediately and pays in lieu has technically dismissed the employee in breach of contract — the payment does not cure the breach. PILON payments made under a contractual PILON clause are also taxed differently (subject to income tax and National Insurance) from ex gratia termination payments. The Employment Checker flags the importance of including a PILON clause in all UK employment contracts.
A Perth mining company with 45 employees decides to make three roles redundant due to a fall in commodity prices. Under the Fair Work Act 2009 and the applicable Modern Award, the employer is required to consult with affected employees when a major workplace change that is likely to have a significant effect on employees is being considered. This includes providing written notification of the change, discussing it with the employees (or their representatives), and genuinely considering their views before a final decision is made. The employer announces the redundancies and issues termination letters the same day. The failure to consult means each redundancy may be challenged as procedurally unfair, even though the genuine business reason (cost reduction) was sound.
A Lyon-based tech company wants to dismiss a long-serving employee for underperformance. Under French law, the dismissal of a salarié en CDI for personal reasons (including underperformance) requires a specific sequence: (1) formal written invitation to a preliminary interview (convocation à entretien préalable); (2) the interview itself, at least five working days after the letter; (3) a reflection period; (4) a dismissal letter sent at least two working days after the interview. The employer sends a dismissal letter without the preliminary interview. The dismissal is procedurally irregular and the employee is entitled to an indemnity of one month's salary regardless of outcome on the merits.
| Country | Statutory Minimum Notice | Redundancy Pay | Termination Procedure | Government Resource |
|---|---|---|---|---|
| 🇬🇧 UK | 1 week per year of service, min 1 week max 12 weeks; contract may be longer | Statutory redundancy pay: 0.5–1.5 weeks' pay per year depending on age; cap £643/week (2024) | Written notice; for redundancy 20+ staff: 45-day collective consultation | Employment Rights Act 1996 / GOV.UK Redundancy |
| 🇫🇷 France | Minimum per collective agreement (commonly 1–3 months); varies by category (cadre, ETAM, worker) | Indemnité de licenciement: 1/4 month's pay per year for years 1–10, 1/3 per year thereafter (minimum 8 months service) | Mandatory preliminary interview; dismissal letter; DARES notification for collective redundancy | Code du Travail — Licenciement / Service-public.fr |
| 🇸🇪 Sweden | LAS: 1 month (< 2 years), increasing by 1 month per 2-year bracket to max 6 months | No statutory redundancy pay; severance may be agreed; collective agreements often provide more | Objective grounds (sakliga skäl) required; unions must be notified; employee has right to remain during dispute | Lag (1982:80) om anställningsskydd |
| 🇦🇺 Australia | NES minimum: 1 week (< 1 year) to 4 weeks (> 5 years) + 1 week if over 45 with 2+ years | Redundancy pay: 4 weeks (1–2 years) to 16 weeks (≥ 10 years); small business exemption (< 15 employees) | Genuine redundancy defence; consultation obligation under Modern Award; Fair Work Commission unfair dismissal jurisdiction | fairwork.gov.au — Ending employment |
| 🇳🇿 New Zealand | Minimum 1 week per year of service (capped at 12 weeks by contractual norm); statutory floor lower | No statutory redundancy pay; "fair and reasonable employer" test may imply a payment | Substantive and procedural fairness required; meeting to discuss proposed termination; right to union representative | Employment New Zealand — Ending employment |
| 🇨🇦 Canada | Federal: 2 weeks (< 1 year) scaling to 8 weeks (≥ 8 years); provinces vary | Federal: 2 days per year of service (min 5 days) if no group termination provisions apply | Written notice or pay in lieu; group termination (50+ employees): 16-week statutory notice; provincial notice obligations differ | Canada Labour Code / Service Canada termination |
| 🇺🇸 USA | At-will: no statutory notice required for most private sector employees | No federal statutory severance pay requirement; WARN Act: 60-day notice for mass layoffs (100+ employees) | At-will doctrine: no cause required unless contracted; anti-discrimination / retaliation protections apply | WARN Act — DOL / EEOC |
→ Check termination notice requirements for your jurisdiction
Also useful when preparing employment and termination documents:
Ready to prepare compliant employment and termination documents across all seven countries?
Start with MmowW Scrib🐮 — $149/month, unlimited documents →
⚠️ UPL Disclaimer: MmowW Scrib🐮 is a document preparation service, not a law firm. We do not provide legal advice. Termination and redundancy law is complex, jurisdiction-specific, and fact-sensitive. Always consult a qualified employment solicitor before making any decision to terminate employment or issue redundancy notices.
Q: In the UK, what is the difference between "wrongful dismissal" and "unfair dismissal"?
A: Wrongful dismissal is a breach of contract claim: the employer terminated the employment without giving the contractual (or statutory minimum) notice, or in breach of some other contractual term. It can be brought in a court or employment tribunal. Unfair dismissal is a statutory claim: the employee argues that the reason for dismissal was not a fair reason (capability, conduct, redundancy, statutory restriction, or some other substantial reason), or that the employer did not follow a fair procedure. Unfair dismissal rights generally require two years of continuous employment (with some exceptions). Both claims can arise from the same dismissal — the remedies and thresholds are different.
Q: Does Sweden's Employment Protection Act (LAS) really prohibit at-will dismissal?
A: Yes. The Lag (1982:80) om anställningsskydd provides that employment may only be terminated by the employer if there are "objective grounds" (sakliga skäl). Objective grounds fall into two categories: (1) personliga skäl — personal reasons such as serious misconduct (immediate dismissal) or repeated performance issues (dismissal with notice); and (2) arbetsbrist — shortage of work / redundancy. Pure commercial preference or "we just don't want you anymore" is not an objective ground. Employees whose employment is terminated without objective grounds are entitled to reinstatement or substantial compensation. Sweden has some of the strongest employment protection laws in the OECD.
Q: What is the WARN Act in the USA and does it apply to small businesses?
A: The Worker Adjustment and Retraining Notification Act (WARN Act) requires employers with 100 or more full-time employees to provide 60 days' advance written notice before mass layoffs or plant closings. A mass layoff is defined as a reduction of at least 500 employees, or 50–499 employees if they constitute at least 33% of the workforce at a single site. The WARN Act does not apply to employers with fewer than 100 employees. However, several states have "mini-WARN" acts with lower thresholds — California's WARN Act applies to employers with 75 or more employees, and New York's applies to employers with 50 or more.
Loved for Safety. MmowW Scrib🐮 — Document preparation made simple across 7 countries.
Try it free — no signup required
Open Employment Checker →MmowW Scribe prepares your formation documents, compliance filings, and business paperwork across 7 countries.
Start 14-Day Free Trial →No credit card required. From $149/month.
Loved for Safety.