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Practice notes
Unfair dismissal time limitThree months beginning with the effective date of terminationAn unfair dismissal claim must generally be submitted to the...
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19th May
Practice notes
Unfair dismissal remedies—generalCoronavirus (COVID-19): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020...
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19th May
Practice notes
Preliminary hearings in the employment tribunalCoronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during...
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19th May
Practice notes
Discrimination arising from disabilityThis Practice Note covers an Equality Act 2010 provision which had no equivalent under the law which applied...
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19th May
Practice notes
Wrongful dismissal compensationThis Practice Note examines the remedies (heads of claim) available in the case of dismissal in breach of an employment...
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19th May
Practice notes
Equality of terms: definition of 'pay'IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period...
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19th May
Practice notes
Definition of redundancyIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into...
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19th May
Practice notes
Smoking in the workplaceProviding a smoke-free workplace (in enclosed or substantially enclosed premises) has been obligatory in England since 1 July...
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19th 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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19th May
Practice notes
Types of whistleblowing claimIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered...
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19th May
Practice notes
Disclosure in employment tribunal proceedingsCoronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the...
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19th May
Practice notes
Definition of dismissal in unfair dismissalTo succeed in a claim of unfair dismissal, the claimant must establish that they were dismissed by the...
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19th May
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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19th May
Practice notes
Applicable law—which system of law applies to the contract or employment relationshipThis Practice Note examines how to determine which system of law...
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Produced in partnership with Edward Kemp of Littleton Chambers 19th May
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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19th May
Precedents
[Insert date][Insert] Employment Tribunal[insert address]To the [insert] Employment Tribunal[Insert case name]Case No: [Insert case number]...
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19th May

Most recent Practice, procedure and settlement content

Q&As
Can a staff counsellor employed by the respondent employer be called as a witness in employment tribunal proceedings, even if the counsellor has...
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31st Jul
Q&As
Can an application to the employment tribunal for a postponement or adjournment can ever be made without notifying the other side of the reason for...
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31st Jul
Q&As
How do you calculate the time limit for submitting an unfair dismissal claim to the employment tribunal?For information:•on time limits for the...
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31st Jul
Q&As
Will the Redundancy Payments Office make payment to the former employee of an insolvent business where the employee entered into a settlement...
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31st Jul
Q&As
Can a solicitor sign a settlement agreement (not as a deed) on behalf of the employee, if he has the employee’s authority to do so?One of the...
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31st Jul
Q&As
Where, in response to an employee’s contract claim in the employment tribunal, the respondent employer makes a contract claim (ie a contractual...
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31st Jul
Q&As
In light of data protection and the GDPR, when preparing a document bundle for an employment tribunal, can redacted versions of documents be included,...
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31st Jul
Q&As
What is the authority for communications during the Acas early conciliation process being regarded as without prejudice?Under section 18(7) of the...
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31st Jul
Q&As
The tribunal rules say applications for a postponement less than seven days before the hearing require the other party's consent. Is that seven...
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31st Jul
Practice notes
Taxation of payments in lieu of notice or PILONs—pre-6 April 2018 [Archived]ARCHIVED: This Archived Practice Note outlines the pre-6 April 2018 tax...
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Produced in partnership with Lesley Fidler and David Heaton of Baker Tilly for Tolley’s Tax Digest and Sam Whitaker of Shearman & Sterling LLP 31st Jul
Practice notes
Pension issues in employees’ settlement agreementsThis Practice Note looks at pensions-related issues that can arise under settlement agreements...
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Produced in partnership with Wyn Derbyshire of gunnercooke LLP 31st Jul
Q&As
Does a settlement agreement, eg under section 203 of the Employment Rights Act 1996, have to be executed as a deed? When executing documents by a...
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31st Jul
Practice notes
Taxation of payments for restrictive covenants or undertakingsRestrictive covenants or undertakingsThese are undertakings given by employees during...
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Produced in partnership with Sam Whitaker of Shearman & Sterling 31st Jul
Practice notes
Foreign service exemption for termination paymentsThe foreign service exemption is, broadly, an exemption from income tax which applies to termination...
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Produced in partnership with Sam Whitaker of Shearman & Sterling 31st Jul
Precedents
Share plan clauses in settlement agreements1Details of AwardsAs at the Termination Date, you hold awards granted to you relating to the shares of [the...
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Produced in partnership with Sam Whitaker of Shearman & Sterling 31st Jul
Practice notes
ET rules (rules applying from Monday 29 July 2013, as amended)Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013SI...
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31st Jul

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