Ending employment can be a challenging process, requiring careful adherence to legal obligations and best practices. This topic provides essential guidance for legal practitioners on navigating terminations, redundancies, and dismissals, ensuring compliance and minimising risk.
This edition of Employment weekly highlights includes: (1) an analysis by Andrew Osborne, Stephen O’Flaherty and Pip Hague of Lewis Silkin on the...
Immigration analysis: The Home Office has published updated sponsor guidance which expands the scope of right to work checks expected of work route...
Law360: A housing provider has lost its application to strike out claims from unionised workers over a blog post from its CEO offering a pay raise to...
Employment analysis: In McMahon v AXA ICAS, the Court of Session (CSIH) held that payments due under a permanent health insurance (PHI) scheme can...
The government has published proposed new benefit and pension rates for 2024 to 2025 including in respect of Statutory Maternity Pay (SMP), Statutory...
ET1 grounds of claim—indirect sex discrimination[Insert in para 8.2 of claim form ET1:]1The Claimant is a woman and the Respondent is [enter details,...
Waiver of noticeEmployers and employees can waive their right to be given notice when their employment relationship comes to an end.Waiving...
Constructive dismissaldismissal of an employee by their employer will typically be at the instigation of the employer. In other words, the employer...
ReinstatementReinstatement is one of the orders that may be made by a tribunal under section 112 of the Employment Rights Act 1996 (ERA 1996) following a finding of unfair dismissal. For a discussion of the other remedies available, see Practice Note: Unfair dismissal remedies—general.Following a
Where an employer begins collective consultation under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992, then due to a change in circumstances fewer redundancies are required and so an updated section 188 letter is sent setting out the reduced number of proposed
Redundancy—effect of death of employer or employeeDeath of the employer—effect at common lawAt common law, where an employer is a natural person (as opposed to a legal person, such as a corporate entity or partnership), the death of the employer frustrates and so terminates the contracts of
Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid
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