Wrongful dismissal

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Step into step 3: Employer’s guide to the next stage of the government’s roadmap

The following Employment news provides comprehensive and up to date legal information on Step into step 3: Employer’s guide to the next stage of the government’s roadmap

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The following Employment news provides comprehensive and up to date legal information on The gender pay gap in a COVID-19 world — Are we falling back on old habits?

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The following Employment news provides comprehensive and up to date legal information on Will a digital only immigration status for EU nationals be discriminatory?

Employment weekly highlights—13 May 2021

The following Employment news provides comprehensive and up to date legal information on Employment weekly highlights—13 May 2021

Featured Employment content

Letter—employer acknowledgement of notification of maternity leave

Date: [insert date]Dear [insert name of employee]Congratulations and thank you for telling me about your pregnancy and the date that your baby is due....

Collective agreements

Collective agreements are agreements negotiated between one or more trade unions and employers or employers' associations and which relate to one or...

ET1 grounds of claim—direct sex discrimination, sexual harassment and constructive dismissal

[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...

Calculating pension loss in employment tribunal claims

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...

Practice notes

Striking out and unless orders in employment tribunal proceedings

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...

9th Nov

In-house

Practice notes

The basic award

Coronavirus (COVID-19): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendment Regs 2020),...

9th Nov

Practice notes

Employment tribunal case management

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...

9th Nov

Precedents

Letter—long-term sickness absence (6): to employee confirming dismissal on notice (following final written warning)

[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...

9th Nov

Practice notes

Definition of dismissal in unfair dismissal

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

9th Nov

In-house

Precedents

Letter—TUPE (3) letter from transferee to transferor to inform of proposed measures

[To be typed on headed notepaper of transferee][Strictly private and confidential][Address][Date]Dear [enter name(s) of relevant individual(s) at the...

9th Nov

Precedents

Application—additional information (further and better particulars)

[Insert date][Insert] Employment Tribunal[Insert address]To the [insert] Employment Tribunal[Insert name of case, eg X v Y]Claim Number: [insert claim...

9th Nov

Practice notes

No response, rejected response or claim not contested: employment tribunals

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...

9th Nov

Precedents

Draft outline script for disciplinary hearing (misconduct)

1Introductions of those present if necessary. Confirm who is taking notes and that copies of the meeting notes will be made available to the...

9th Nov

Practice notes

Qualifying period for unfair dismissal

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...

9th Nov

Precedents

Letter—TUPE (9) from employee objecting to transfer

[Strictly private and confidential][Address][Date]Dear [enter name(s) of relevant individual(s) at the transferor],Proposed transfer of [enter...

9th Nov

Precedents

Letter—from employer placing employee on garden leave

[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...

9th Nov

Practice notes

The duty of fidelity and fiduciary duties

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...

9th Nov

Precedents

Letter—secondment letter (employer—employee)

BREXIT IMPACT: The drafting and enforcement of the applicable law (governing law) and jurisdiction clause in this Precedent may be affected by Brexit....

9th Nov

Practice notes

Unfair dismissal remedies—general

Coronavirus (COVID-19): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendment Regs 2020),...

9th Nov

Practice notes

Contractual redundancy payments

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,...

9th Nov

In-house

Most recent Wrongful dismissal content

Practice notes

Contract claims in the employment tribunal

Contract claims in the employment tribunalUPDATE: On 26 September 2018 the Law Commission launched a Consultation paper on Employment Law Hearing...

15th May

Practice notes

Accelerated receipt in wrongful dismissal claims

Accelerated receipt in wrongful dismissal claimsClaimants who bring successful wrongful dismissal claims, which result in an award of compensation,...

15th May

Practice notes

Wrongful dismissal and mitigation

Wrongful dismissal and mitigationAn employee who is wrongfully dismissed is under a duty to take reasonable steps to mitigate their loss: in other...

15th May

Practice notes

Interest in wrongful dismissal claims

Interest in wrongful dismissal claimsClaimants who bring successful wrongful dismissal claims, which result in an award of compensation, may receive...

15th May

Practice notes

Wrongful dismissal compensation

Wrongful dismissal compensationThis Practice Note examines the remedies (heads of claim) available in the case of dismissal in breach of an employment...

15th May

Practice notes

Calculating pension loss in employment tribunal claims

Calculating pension loss in employment tribunal claimsPension loss will generally only arise in cases where an individual has lost their job and the...

Produced in partnership with Keith Bryant QC of Outer Temple Chambers. 15th May

Practice notes

Valuing benefits in kind in wrongful dismissal claims

Valuing benefits in kind in wrongful dismissal claimsIf wrongfully dismissed, an employee is entitled to compensation for fringe benefits that they...

15th May

Practice notes

Liquidated damages, repayment clauses and penalties

Liquidated damages, repayment clauses and penaltiesThis Practice Note examines the issues that arise in relation to the use of liquidated damages...

15th May

Practice notes

High Court and County Court employment claims

High Court and County Court employment claimsUPDATE: On 26 September 2018 the Law Commission launched a Consultation paper on Employment Law Hearing...

15th May

Practice notes

Gross misconduct

Gross misconductGross misconduct is behaviour by an employee which is so bad that the employer cannot be expected to employ the employee any longer....

15th May

Precedents

ET3 grounds for resisting claim and counterclaim—breach of contract

[Insert in para 6.1 of response form ET3:]Example 11It is admitted that on [insert date] the Respondent summarily dismissed the Claimant from his...

27th Apr

Precedents

ET1 grounds of claim—breach of contract

[Insert in para 8.2 of claim form ET1:]1[[Example 1:] The Claimant was employed by the Respondent as a [sales manager] under a contract of employment...

27th Apr

Precedents

Letter—disciplinary procedure (5): to employee confirming summary dismissal (without previous warnings)

[insert date]Dear [insert name of employee],I am writing to [inform you of OR confirm] the company’s decision made after the disciplinary hearing held...

27th Apr

Precedents

Receipt—ex gratia termination payment

I, [insert employee’s name] of [insert address], acknowledge that I have today received from [insert employer’s name] of [insert address] the sum of...

27th Apr

Q&As

If an employee who has given notice of termination in accordance with the contract of employment commits an act of gross misconduct during the notice period and is dismissed summarily, is the employee entitled to receive payment in lieu of their notice period?

If an employee gives notice to terminate their employment and, during that period of notice, the employer summarily dismisses them (ie without...

11th Feb

Q&As

Can an employer dismiss an employee during his probationary period after only four months service because he has underperformed, without going through a poor performance/disciplinary process?

An employer always retains the right to terminate an employee's contract of employment. However, the circumstances in which the dismissal occurs will...

11th Feb

Q&As

If an employer terminates an employee's contract by giving pay in lieu of notice and asks him to return his company car, how should the pay in lieu be calculated for the loss of the car for his notice period?

In this situation the employer should ensure that the employee receives the same amount that he would receive if he were to bring a claim for damages...

11th Feb

Q&As

Where an employee on a fixed-term contract with no provision for termination on notice is dismissed before the end of the fixed term, does the duty to mitigate last for the whole of the rest of the fixed term?

Generally, the employee's claim for wrongful dismissal (breach of contract) is for unliquidated damages, to put the employee in the position they...

11th Feb

Q&As

Where an individual accepts an employer's offer of a new job, but the employer subsequently withdraws the offer before the start date, what claims are available against the employer?

Once the offer of employment has been made and accepted by the employee, the contract of employment is formed. If the employer then changes its mind...

5th Dec

Q&As

Where an employer states that it is dismissing an employee without notice, but has no contractual right to do so, can the employee choose not to accept the dismissal, keep the contract alive and, by doing that, extend his period of continuous service enough to bring an unfair dismissal claim?

The right not to be unfairly dismissed is a statutory right arising under section 94 of the Employment Rights Act 1996 (ERA 1996).For employees...

5th Dec

Wrongful dismissal

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Latest Employment News

Step into step 3: Employer’s guide to the next stage of the government’s roadmap

The gender pay gap in a COVID-19 world — Are we falling back on old habits?

Will a digital only immigration status for EU nationals be discriminatory?

Employment weekly highlights—13 May 2021

Featured Employment content

Letter—employer acknowledgement of notification of maternity leave

Collective agreements

ET1 grounds of claim—direct sex discrimination, sexual harassment and constructive dismissal

Calculating pension loss in employment tribunal claims

Most recent Wrongful dismissal content

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Facilitation payments under the Bribery Act 2010

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