Wrongful dismissal

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Hearings to decide interim relief applications are public hearings (Queensgate Investments LLP and others v Millet)

The following Employment news provides comprehensive and up to date legal information on Hearings to decide interim relief applications are public hearings (Queensgate Investments LLP and others v Millet)

Exploring the government’s response to the insolvency and corporate governance consultation

The following Banking & Finance news provides comprehensive and up to date legal information on Exploring the government’s response to the insolvency and corporate governance consultation

Government to proceed with measures to enhance TPR’s powers

The following Banking & Finance news provides comprehensive and up to date legal information on Government to proceed with measures to enhance TPR’s powers

Corporate Insolvency and Governance Bill—moratorium

The following Banking & Finance news provides comprehensive and up to date legal information on Corporate Insolvency and Governance Bill—moratorium

Featured Employment content

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 paid for it. An employer will...

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,...

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),...

The term of trust and confidence

Every contract of employment is treated as containing an imposed term of trust and confidence. This requires employers and employees not to conduct...

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—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

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

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

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

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

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

Practice notes

Unfair dismissal time limit

Three months beginning with the effective date of terminationAn unfair dismissal claim must generally be submitted to the employment tribunal within...

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

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

Precedents

ET3 grounds of resistance—unfair dismissal: protected disclosure

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...

9th Nov

Practice notes

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...

Produced in partnership with Keith Bryant QC of Outer Temple Chambers. 12th Jan

Precedents

Application—postponement or adjournment of hearing

[Insert date][Insert] Employment Tribunal[insert address]To the [insert] Employment Tribunal[Insert case name]Case No: [Insert case number]...

9th Nov

Precedents

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...

9th Nov

Practice notes

Collective agreements

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

9th Nov

Precedents

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....

9th Nov

Most recent Wrongful dismissal content

Practice notes

Wrongful dismissal and mitigation

An employee who is wrongfully dismissed is under a duty to take reasonable steps to mitigate their loss: in other words, to make reasonable efforts to...

18th Jan

Practice notes

Valuing benefits in kind in wrongful dismissal claims

If wrongfully dismissed, an employee is entitled to compensation for fringe benefits that they would have received had they worked the full length of...

18th Jan

Practice notes

Gross misconduct

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...

18th Jan

Practice notes

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...

Produced in partnership with Keith Bryant QC of Outer Temple Chambers. 17th Jan

Practice notes

Wrongful dismissal compensation

This Practice Note examines the remedies (heads of claim) available in the case of dismissal in breach of an employment contract (wrongful dismissal),...

17th Jan

Practice notes

Liquidated damages, repayment clauses and penalties

This Practice Note examines the issues that arise in relation to the use of liquidated damages clauses as an alternative to claiming damages for...

17th Jan

Practice notes

Contract claims in the employment tribunal

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

17th Jan

Practice notes

Accelerated receipt in wrongful dismissal claims

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

17th Jan

Practice notes

High Court and County Court employment claims

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

15th Jan

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...

5th Dec

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...

5th Dec

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...

5th Dec

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...

5th Dec

Practice notes

Interest in wrongful dismissal claims

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

5th Dec

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...

5th Dec

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

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...

5th Dec

Q&As