The following Employment practice note provides comprehensive and up to date legal information covering:
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 the effective date of termination of their employment, has been continuously employed for a period of at least two years. There are many exceptions to this requirement. See Practice Note: Continuity of employment for a discussion of the main principles to be applied when determining whether an employee has the required qualifying period of continuous employment.
The effective date of termination of employment will depend on the circumstances of the dismissal (see Practice Note: Effective date of termination).
Where an employee is dismissed without being given the statutory minimum notice (see Practice Note: Statutory minimum notice), their employment is generally treated as though it had been extended by the statutory minimum notice for the purposes of determining whether they have the required qualifying period of employment to bring a claim of unfair dismissal. In other words, the minimum statutory notice is effectively added to the period of employment to see whether the required qualification period is reached. However, the statutory minimum notice period is not added so as to extend the period of employment in circumstances where the employer was entitled to terminate the contract without notice, eg to summarily dismiss the employee for gross misconduct. For further discussion, see Practice
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made (or there may be a combination of written and oral
Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes to prevent the legal owner from unconscionably denying the beneficial interest of another (known as the institutional constructive trust)•the
This Practice Note discusses the common law doctrine of privity of contract; the equitable and statutory exceptions to it; how the doctrine affects enforcing a contract against a third party and what happens when, notwithstanding the lack of privity, a contract has an indirect effect on a third
A declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a dispute. It is legally binding, but does not order any action by a party. A court may issue it alone or in conjunction with some other relief such as an injunction and can be granted on an
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.