A conversation between an employer and employee about the termination of the employee’s contract on mutually agreeable terms can, potentially, be protected: • under the without prejudice rule • under the rule regarding 'pre-termination negotiations' (Section 111A of the Employment Rights Act 1996 (ERA 1996) For further information, see, generally, Practice Note: Without prejudice and pre-termination negotiations in employment. This effectively allows the parties to discuss termination terms, including the termination date, without being bound until the terms of agreement are subsequently

If an employer proposes to make 20 or more people redundant, section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992) requires a minimum period of collective consultation before the first of the dismissals takes effect. The length of the minimum period of consultation depends on the number of people who it is proposed to make redundant—if it is between 20 and 99 the minimum period is 30 days, and if 100 or more, it is 45 days. In order for the consultation to be effective, the employer will need to provide written details of the proposed redundancies including the number of people who it proposes to make redundant. For further information, see Practice Note:

Agency Workers Regulations 2010 A tripartite relationship is formed where an agency worker has a contract with a temporary work agency but works temporarily for and under the direction and supervision of a third-party hirer. The agency places the agency worker on assignment with a hirer or ‘end user’, which employs them temporarily, while paying the agency a fee. The agency then in turn remunerates the agency worker. That unique relationship is key to who is covered by the Agency Workers Regulations 2010 (AWR 2010), SI 2020/93. Whether a particular arrangement falls within the scope of AWR 2010, SI 2020/93 will depend on how the relationship between the parties works in practice. For further information generally, see Practice Note: Rights under the Agency Workers Regulations

Where an employer recognises an independent trade union, that employer must permit any of its employees who is an official of that trade union to take time off, during working hours, for the purpose of carrying out any of their duties as such an official, where those duties are concerned with: • negotiations with the employer relating to collective bargaining on matters in respect of which the trade union is recognised by the employer • the performance, on behalf of employees of the employer, of functions relating to such matters, which the employer has agreed may be performed by the trade union • receipt of information from the employer, and consultation by the employer, in accordance with the statutory provisions relating to collective redundancies or transfer of undertakings • negotiations with a view to agreeing a variation to the terms

There is no statutory right to lay-off employees or keep them on short-time working. Employers can impose a lay-off or short-time working arrangement generally only if there is a contractual right to do so, or the employee has consented to it. The relevant contractual terms are likely to determine the employer’s rights and obligations in such a situation. See, for example, Precedent: Clauses—right to lay-off or put on short-time working, and the accompanying drafting notes. When it comes to what notice an employer is required to give to implement a contractual right to lay-off an employee, or put them on short time working, there is no legal requirement for there to be notice of any specific length (see: Harvey

An employer proposing to dismiss as redundant 20 or more employees is obliged to notify the Secretary of State for BEIS before any notices of redundancy are issued and, in any case: • where 20 or more dismissals are proposed in a 90-day period, at least 30 days before the first of those dismissals takes effect • where 100 or more dismissals are proposed in a 90-day period, at least 45 days before the first of those dismissals takes effect (where the proposal to dismiss the employees arose before 6 April 2013, the period is 90 days rather than 45) Notification must be made by sending a completed Form HR1 to the Insolvency Service Redundancy Payments Service, which acts on behalf of BEIS. In addition to notifying BEIS on Form HR1, the employer must also consult

The most straightforward approach would be to require the employee to repay the net sum, and for the employer to correct the overpayment of tax in their next Full Payment Submission or, if the mistake relates to an earlier tax year, submit an Earlier Year Update. See guidance Fix problems with running payroll. This ensures that the employee

It is not clear from the question whether or not a compliant right to work check was taken prior to the employment of the person concerned. The way that the right to work check regime for EEA and Swiss nationals developed before and after the end of the Brexit transition period is set out in detail in the Practice Note: Brexit materials—right to work checks. Broadly speaking, an employer was only required to check an EEA

For information generally: • on information and consultation under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246, see Practice Note: TUPE—information and consultation • on varying terms and conditions of employment in the context of a relevant transfer under TUPE 2006, SI 2006/246, see Practice Note: TUPE—variation of contract terms • on changing terms and conditions of employment, see Practice Note: Changing terms and conditions of employment If, before a relevant transfer under TUPE 2006, SI 2006/246, the transferee (ie the new employer) envisaged taking any measures, in connection with the transfer, in relation to any affected employees who would become the transferee’s employees after the transfer, the transferee should have provided information about those measures to the transferor, to enable the transferor to comply with its obligation to inform the affected employees. The word

For the purposes of this response, the sponsor will need to have a skilled worker licence to sponsor an employee. When assigning a defined Certificate of Sponsorship (CoS) to a worker, the sponsor must confirm the proposed start date of employment and the end date for sponsorship. However, anxious to have some certainty that relocation can go ahead, it is not uncommon for a proposed worker to want to wait until the visa is granted before handing in their notice. The following Immigration Rules are relevant to this situation: • the CoS must be assigned no more than three months before application • there can be no more than three months between the visa application date and the start date on the CoS. While the sponsor can push back the

At common law, where an employer is a natural person (as opposed to a legal person, such as a corporate entity or partnership), the death of the employer frustrates and so terminates the contracts of employment of all the employer’s employees. Frustration is a termination of the contract by operation of law and does not, therefore, amount to a dismissal. This means that employees whose contracts of employment have been frustrated in these circumstances will not have statutory claims for unfair dismissal or statutory minimum notice. In relation to contractual payments owed, employees are entitled to enforce the terms of the contract eg, for outstanding pay, or payment for holidays accrued but not taken prior to the frustrating event. Any such claim is

For information on the obligation to offer suitable alternative employment to a woman who is on maternity leave under the Maternity and Parental Leave etc Regulations 1999 (Mat/Pat Regs 1999), SI 1999/3312, reg 10, see the section of Practice Note: The right to return to work after maternity leave entitled Redundancy during pregnancy or maternity leave. The obligation arises where it is not practicable by reason of redundancy for the employer to continue to employ the employee under her existing contract of employment. In those circumstances, the employer must offer the employee any suitable alternative vacancy that exists either: • with the employer • the employer's successor, and/or • with any associated employer 'Redundancy' in Mat/Pat Regs 1999, SI 1999/3312, reg 10 has the same meaning as in section 139 of the Employment