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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),...

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....

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

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

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

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

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

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

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

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

Precedents

Costs warning letter (employment tribunal)

[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...

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. 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

Most recent Benefits content

Practice notes

Coronavirus (COVID-19)—holiday and holiday pay

This Practice Note considers issues relating to the right to holiday and holiday pay during the Coronavirus (COVID-19) pandemic. It:•summarises the...

24th Nov

COVID-19

Practice notes

Holiday and sickness absence

Coronavirus (COVID-19): Issues relating to holiday and holiday pay during the coronavirus (COVID-19) pandemic are considered in Practice Note:...

19th Nov

COVID-19

In-house

Practice notes

Coronavirus (COVID-19) impact on share schemes

The government has announced a number of measures in response to the coronavirus (COVID-19) crisis either that relate specifically to the UK tax...

9th Nov

COVID-19

Practice notes

Pensions—general considerations for employment lawyers

Payment into pension schemes registered with Her Majesty's Revenue and Customs has significant tax advantages for both employers and employees:...

19th Oct

Practice notes

Holiday

Coronavirus (COVID-19): Issues relating to holiday and holiday pay during the coronavirus (COVID-19) pandemic are considered in Practice Note:...

19th Oct

Q&As

If an employee wishes to take holiday while they are on flexible furlough, how should the employer deal with that holiday, and how should holiday pay be calculated?

For information:•on the revised Coronavirus Job Retention Scheme (CJRS), see Practice Note: Coronavirus Job Retention Scheme (revised version from 1...

6th Oct

COVID-19

Q&As

In relation to an employee who is a military reservist, if it is agreed that their contract of employment will continue during their whole-time service, will they continue to accrue the statutory minimum holiday entitlement?

For information:•on military reservists generally, see Practice Note: Military reservists•on the right to paid holiday, see Practice Notes: Holiday...

29th Sep

Q&As

If an employee returns to work after six months off sick, is the employer allowed to pay them in lieu of untaken holidays at the end of that holiday year?

The following Practice Notes in Lexis®PSL Employment are relevant to your enquiry:•Holiday•Holiday pay•Holiday and sickness absence, which considers...

29th Sep

Q&As

Where there is no express or implied contractual payment in lieu of notice (PILON) clause in an employee’s contract, if, as part of a settlement agreement, the employee receives a one-off PILON in the amount of that employee’s basic pay for the notice period and also continues to benefit from health insurance cover paid for by the employer for the duration of the notice period, should the value of the health insurance cover be included in the post-employment notice pay (PENP) calculation?

Where an employment is terminated on or after 6 April 2018 and there is no express or implied contractual PILON clause in the employee’s contract,...

29th Sep

Q&As

I understand it is often best (for employers) to keep information about share entitlement separate from the contract to limit the possibility of claims upon termination. Can you provide some guidance?

It is best practice to keep information about share entitlement separate from any employment contract. This approach is designed to support the...

28th Sep

Q&As

What is the difference between an optional remuneration arrangement and a salary sacrifice arrangement?

From 6 April 2017, the Finance Act 2017 introduced changes to the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003) which, subject to some...

28th Sep

Q&As

Can a claim for unlawful deduction from wages be brought in respect of unpaid permanent health insurance or income protection payments? If not, can a breach of contract claim be brought instead?

For information on unlawful deductions from wages generally, see Practice Note: Deductions from wages.Section 13 of the Employment Rights Act 1996...

28th Sep

Q&As

Does an employee who has taken unpaid leave accrue holiday entitlement during that period; and do periods of unpaid leave or long-term sickness absence affect the amount of holiday pay an employee should receive?

The right under the Working Time Regulations 1998 (WTR 1998) is to a total of 5.6 weeks' annual leave each 'leave year', made up of:•a basic...

28th Sep

Q&As

Can bank holidays count towards the first 20 days of an employee's holiday entitlement?

The answer to this question requires looking at what constitutes a bank, and/or public, holiday and also considering the statutory position under the...

28th Sep

Q&As

Can an employee be made to take holiday during a period of suspension?

Where an employee is suspended from work, eg during an investigation into alleged misconduct, he will usually be entitled to receive his full pay...

28th Sep

Q&As

Should an employer give all part-time workers a pro rata entitlement to bank holidays, regardless of whether they usually work on the days of the week on which those bank holidays fall?

The answer to this question assumes that the employer's full-time workers are not required to work on bank holidays under their contracts. It also...

28th Sep

Q&As

If an employee is not prevented by any reason from taking holiday are they permitted to carry over any days, to a future holiday year, if their contract permits it?

The right under the Working Time Regulations 1998, SI 1998/1833 (WTR 1998) is to a total of 5.6 weeks' annual leave each 'leave year', made up of:•a...

28th Sep

Q&As

Are employers obliged to maintain an employee’s benefits during a period of long-term sick leave, in particular where the benefit concerned is provided under a salary sacrifice arrangement?

We have assumed, for the purposes of this Q&A, that the employee’s salary has by this time either been suspended, or reduced.An employee's contract of...

28th Sep

Q&As

If a Permanent Health Insurance provider considers that an individual who has been receiving benefits under a PHI scheme is fit to return to work and therefore withdraws benefits, but the individual may appeal that decision, does the implied contractual term that the employer will not terminate the contract while the employee is incapacitated from work prevent the employer from terminating the employment until the appeal has been heard?

You may wish to consider separately:•the implied term•the fairness of a dismissal which prejudices Permanent Health Insurance (PHI) rights, under the...

28th Sep

Q&As

How do you calculate the statutory holiday entitlement of an employee who works five days a week but who works 48 weeks and has four weeks unpaid leave every year?

The statutory right under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833 is to a total of 5.6 weeks' annual leave each 'leave year', made...

28th Sep