Ending employment

Ending employment guidance:

Case Number: Agreement following conciliation on a complaint of [insert details of the complaints made by the claimant, eg unfair dismissal, sex discrimination etc] made...

Precedents

Acas reference number: [insert number] [Agreement following conciliation on a claim made by a claimant to Acas (no application made to tribunal at time of agreement)...

Precedents

Claimants who bring successful wrongful dismissal claims, which result in an award of compensation, may receive payment in respect of certain sums either before or after...

Practice Note

[Insert details of the voting group as determined by the employer eg the whole workforce, night shift, day shift, management, non-management or department] Candidate...

Precedents

Once it has been established that a claimant has the right to bring an unfair dismissal claim (see Practice Notes: Entitlement to claim unfair dismissal) and Definition...

Practice Note

An employee is entitled to a redundancy payment if he is dismissed by reason of redundancy. An employee is dismissed by reason of redundancy if (amongst others) the...

Practice Note

Produced in partnership with Keith Bryant QC of Outer Temple Chambers. Pension loss will generally only arise in cases where an individual has lost their job and the...

Practice Note

In the employment tribunals Case no: [Insert case number] Between: [insert name of claimant] Claimant and [insert name of respondent] Respondent Claimant's schedule of...

Precedents

Insert defined term: Garden Leave any period during which the Company exercises its rights under Clause [insert relevant clause number, in this case Clause 1.1]; 1 Garden...

Precedents

1 Termination 1.1 [[Option 1—fixed term:] Your employment will end on [insert date]. OR 1.2 [Option 2—fixed term followed by notice (same notice period):] Your employment...

Precedents

1 Introduction 1.1 The Code of Conduct and the Disciplinary Procedure set out below are designed to ensure that all employees of the Company are treated fairly and...

Precedents

1 Purpose and scope of the procedure 1.1 The code of conduct and disciplinary procedure set out below are designed to ensure that all employees of the Company are treated...

Precedents

Information and consultation is a vital part of any kind of dismissal and, if the employer wishes to minimise the risk of liability to pay compensation to affected...

Practice Note

This Practice Note considers the circumstances in which the statutory consultation obligations in a collective redundancy situation will be triggered. Information and...

Practice Note

Following a finding of unfair dismissal, one of the possible orders that the tribunal can make (see Practice Note: Unfair dismissal remedies—general) is an order for...

Practice Note

Dismissal of an employee by their employer will typically be at the instigation of the employer. In other words, the employer will terminate the contract of employment by...

Practice Note

UPDATE: On 26 September 2018 the Law Commission launched a Consultation paper on Employment Law Hearing Structures seeking views on how the shared jurisdictions of the...

Practice Note

In general, employers are free to give notice of dismissal at any time, unless they have expressly or impliedly agreed not to in the contract. There is no breach of...

Practice Note

An employee is entitled to a statutory redundancy payment when: • he has been continuously employed for not less than two years • he has been dismissed, and • the...

Practice Note

To succeed in a claim of unfair dismissal, the claimant must establish that they were dismissed by the employer. A contract of employment may terminate in a number of...

Practice Note

This Practice Note examines the two different statutory definitions of 'redundancy'. The first is found in the Employment Rights Act 1996 (ERA 1996). Whether or not it is...

Practice Note

Directors of companies which become, or are likely to become, insolvent are under a duty to maximise the return to the company’s creditors. The relevant statutory...

Practice Note

Directors of companies which become, or are likely to become, insolvent face additional considerations and are under a duty to minimise losses to the company’s creditors....

Practice Note

In some situations, the ordinary rules relating to dismissals do not apply or additional rules need to be considered. Two of the most important of these are when a...

Practice Note

FORTHCOMING CHANGE: From April 2020, employer National Insurance contributions (NICs) will be payable on termination payments above £30,000. This change will be...

Practice Note

Termination occurs every time a contract comes to an end. As well as dismissal, termination includes: • expiry (without renewal) of a fixed term or limited term •...

Practice Note