Issues arising on termination

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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
[ON YOUR LETTERHEAD][Name and address of other party, or other party’s solicitor]Dear [insert contact name][Insert subject of letter, eg names of...
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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
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
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
Precedents
[To be typed on headed notepaper of employer][Date]Dear [insert name of employee],Re: [insert name of employer] (the Company)Following our most recent...
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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
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
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
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
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
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
BREXIT IMPACT: The drafting and enforcement of the applicable law (governing law) and jurisdiction clause in this Precedent may be affected by Brexit....
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9th Nov
Practice notes
Every contract of employment is treated as containing an imposed term of trust and confidence. This requires employers and employees not to conduct...
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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

Most recent Issues arising on termination content

Practice notes
Employee share schemes—dealing with leaversWhat are leavers?Departing individuals are known generically as ‘leavers’ but the reason behind the...
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Produced in partnership with Jenny Wheater of Duane Morris LLP 16th May
Practice notes
Micklefield clausesWhat is a Micklefield clause?It is common for employee share plans to provide that, on termination of employment (or when an...
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Produced in partnership with Sam Whitaker of Shearman & Sterling 16th May
Practice notes
Without prejudice and pre-termination negotiations in employmentCoronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and...
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15th May
Practice notes
Dismissing a senior executiveThis Practice Note outlines the legal and practical issues to be considered when dismissing a senior executive or an...
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15th May
Practice notes
Settlement agreements in employment—practical and tax issuesUPDATE (POST-EMPLOYMENT NOTICE PAY (PENP)): From 6 April 2021, an alternative PENP...
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15th May
Practice notes
Contractual noticeIn general, employers are free to give notice of dismissal at any time, unless they have expressly or impliedly agreed not to in the...
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15th May
Practice notes
Statutory minimum noticeSection 86 of the Employment Rights Act 1996 (ERA 1996) provides for a statutory minimum period of notice that must be given...
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15th May
Practice notes
RetirementIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the...
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15th May
Practice notes
Dismissal and partnershipsIn some situations, the ordinary rules relating to dismissals do not apply or additional rules need to be considered. Two of...
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15th May
Practice notes
Written statement of reasons for dismissalEntitlement and qualifying conditionsAn employee (see Practice Note: Employee status) who is dismissed,...
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15th May
Practice notes
Settlement agreements in employment—legal requirementsThis Practice Note examines the legal requirements that must be met in order for a settlement...
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15th May
Practice notes
Constructive dismissalDismissal of an employee by their employer will typically be at the instigation of the employer. In other words, the employer...
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Produced in partnership with Keith Bryant QC of Outer Temple Chambers 15th May
Practice notes
Distinguishing dismissal from other forms of terminationTermination occurs every time a contract comes to an end. As well as dismissal, termination...
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15th May
Practice notes
Responding to a resignationIt is not inconceivable that the first indication an employer will have about potential competitive activity by an employee...
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15th May
Practice notes
Waiver of noticeEmployers and employees can waive their right to be given notice when their employment relationship comes to an end.Waiving...
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15th May
Practice notes
Payment in lieu of notice (PILON)The right to notice means a right for the employee to remain in employment for the period of notice, not simply to be...
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15th May
Practice notes
Garden leave and the right to workIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period...
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15th May
Practice notes
Liquidated damages, repayment clauses and penaltiesThis Practice Note examines the issues that arise in relation to the use of liquidated damages...
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15th May
Practice notes
Gross misconductGross misconduct is behaviour by an employee which is so bad that the employer cannot be expected to employ the employee any longer....
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15th May
Practice notes
Capping the size of public sector exit payments—the revoked 2020 regulationsIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the...
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15th May

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