Keith Bryant, KC

This Practice Note explains the circumstances in which employment tribunals may have to determine a claimant’s pension loss and the Presidential Guidance and Principles for Compensating Pension Loss in employment tribunals. It looks at different types of pension loss, the Ogden Tables, the impact of taxation, expert evidence, case management, loss of state pension, loss of pension from defined contribution schemes and loss of pension from defined benefit schemes.

This Practice Note provides an overview of the nature of commission schemes and how commission is typically calculated. It examines the structure of commission schemes, requirements in relation to written particulars of employment and the national minimum wage and the contractual or discretionary nature of such schemes. It goes on to consider the rights an employee has during employment in relation to commission and that the Unfair Contract Terms Act 1977 (UCTA 1977) has no application. Rights on termination are also considered and the types of claim available to an employee. The Practice Note explains the burden of proof in discretion claims, other potential claims the employee may have and signposts other material covering the taxation of commission payments.

This Practice Note explains the concept of constructive dismissal (constructive termination) and the requirements for a constructive dismissal, as set out in Western Excavating v Sharp. It covers the need for a repudiatory (ie fundamental or serious) breach of contract by the employer, the ‘last straw’ doctrine, the need for an employee’s resignation to be in response to the employer’s breach and the concepts of waiver and affirmation. It considers summary resignation and resignation with notice. It also looks at the relationship between constructive dismissal and unfair dismissal, and when constructive dismissal can be discriminatory. It answers the question when is an employee entitled to resign and make a claim when they felt forced to resign or forced to quit.

This Practice Note examines the Employment Relations Act 1999 (Blacklists) Regulations 2010, which generally prohibit the compilation, use, sale or supply of blacklists containing details of trade union members and activists whose purpose is to discriminate against workers on grounds of trade union membership or trade union activities. The Practice Note considers the meaning of a prohibited list, protections offered to workers on a blacklist, exceptions to the general prohibition, refusal of employment or employment agency services, detriment and dismissal, time limits, remedies, breach of statutory duty and burden of proof.