Issues arising on termination

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Practice notes
All employees are under a duty of fidelity to their employer. The duty of fidelity is also known as the duty of good faith, or of loyalty.Fidelity is...
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9th Nov
Precedents
[To be typed on employer’s headed notepaper][Enter name and address of employee][Enter date]by handDear [enter name]Garden leaveI refer to [[enter...
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9th Nov
Precedents
[Strictly private and confidential][Address][Date]Dear [enter name(s) of relevant individual(s) at the transferor],Proposed transfer of [enter...
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9th Nov
Practice notes
For employees starting fresh employment on or after 6 April 2012, the right not to be unfairly dismissed generally only arises when the employee, by...
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9th Nov
Precedents
1Introductions of those present if necessary. Confirm who is taking notes and that copies of the meeting notes will be made available to the...
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9th Nov
Practice notes
Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...
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9th Nov
Precedents
[Insert date][Insert] Employment Tribunal[Insert address]To the [insert] Employment Tribunal[Insert name of case, eg X v Y]Claim Number: [insert claim...
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9th Nov
Precedents
[To be typed on headed notepaper of transferee][Strictly private and confidential][Address][Date]Dear [enter name(s) of relevant individual(s) at the...
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9th Nov
Practice notes
To succeed in a claim of unfair dismissal, the claimant must establish that they were dismissed by the employer. A contract of employment may...
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9th Nov
Practice notes
Three months beginning with the effective date of terminationAn unfair dismissal claim must generally be submitted to the employment tribunal within...
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9th Nov
Practice notes
Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...
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9th Nov
Practice notes
Coronavirus (COVID-19): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendment Regs 2020),...
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9th Nov
Practice notes
Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...
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9th Nov
Precedents
1Paragraph 1 of the Grounds of Claim is admitted.2As to paragraph 2 of the Grounds of Claim, it is denied that the Claimant’s colleagues were...
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9th Nov
Practice notes
Pension loss will generally only arise in cases where an individual has lost their job and the pension provision that went with that job. An...
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Produced in partnership with Keith Bryant QC of Outer Temple Chambers. 12th Jan
Precedents
[Insert in para 8.2 of claim form ET1:]1The Claimant was employed by the Respondent as a [job title]. She worked at the Respondent’s premises at...
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9th Nov

Most recent Issues arising on termination content

Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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18th Jan
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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18th Jan
Practice notes
The Companies Act 2006 (CA 2006) contains provisions that require payments made by a company to a director for loss of office in connection with the...
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18th Jan
Practice notes
This note should be read in conjunction with Practice Note: Appointment, retirement and resignation of a director.For an illustration of the steps...
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18th Jan
Practice notes
The Companies Act 2006 (CA 2006) contains provisions relating to payments made by a company to a director as compensation for loss of...
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18th Jan
Practice notes
The Companies Act 2006 (CA 2006) contains provisions relating to payments made by a company to a director for loss of office in connection with a...
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18th Jan
Practice notes
This Practice Note outlines the legal and practical issues to be considered when dismissing a senior executive or an executive director.IntroductionA...
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18th Jan
Practice notes
Entitlement and qualifying conditionsAn employee (see Practice Note: Employee status) who is dismissed, whether with or without notice, and who...
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18th Jan
Practice notes
Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...
Read More >
18th Jan
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
Read More >
18th Jan
Practice notes
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...
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18th Jan
Practice notes
Termination occurs every time a contract comes to an end. As well as dismissal, termination includes:•expiry (without renewal) of a fixed term or...
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18th Jan
Practice notes
It is not inconceivable that the first indication an employer will have about potential competitive activity by an employee is when that employee...
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18th Jan
Practice notes
The right to notice means a right for the employee to remain in employment for the period of notice, not simply to be paid for it. An employer will...
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18th Jan
Practice notes
Gross misconduct is behaviour by an employee which is so bad that the employer cannot be expected to employ the employee any longer. It must be a...
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18th Jan
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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18th Jan
Practice notes
Dismissal of an employee by their employer will typically be at the instigation of the employer. In other words, the employer will terminate the...
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Produced in partnership with Keith Bryant QC of Outer Temple Chambers 17th Jan
Practice notes
Section 86 of the Employment Rights Act 1996 (ERA 1996) provides for a statutory minimum period of notice that must be given to bring a contract of...
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17th Jan

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