Termination of employment

Singapore: the meaning of serious misconduct

Employment contracts often provide that employees may be dismissed without notice or payment in lieu of notice for 'serious misconduct'. However, what constitutes 'serious misconduct' is not always clear. The recent decision of the Court of Appeal of Singapore in … Continue reading

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Filed under Contracts of employment, Jurisdiction: Asia, Termination of employment

UK: Discipline – gross negligence can be gross misconduct justifying dismissal without notice in some circumstances

Employers may be entitled to summarily dismiss an employee for a grossly negligent failure to act, for example where the employee is senior and fails to uphold a key policy of the employer.

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Filed under Jurisdiction: UK, Termination of employment

UK: Disciplinary policies – employers should review provisions on expiry of warnings

Employers may wish to review their disciplinary and capability policies, in particular whether and when warnings are stated to expire and in what circumstances expired warnings can be taken into account. In Stratford v Auto Trail VR Ltd, the EAT … Continue reading

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Filed under Jurisdiction: UK, Termination of employment

UK: Relocation on redundancy – mobility clause dismissal will be unfair if clause is too wide or operated unreasonably

The recent case of Kellogg Brown & Root v Fitton and Ewer serves as a reminder to employers relocating jobs on a redundancy: if they choose to operate a mobility clause (rather than make redundancies with the offer of alternative … Continue reading

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Filed under Jurisdiction: UK, Redundancy, Termination of employment

UK: Disability-related discrimination – extra care needed when dismissing for misconduct

Employers should take extra care when disciplining a disabled employee for conduct which could be connected with the disability. In City of York Council v Grosset, the employer found itself guilty of discrimination arising from disability even though it had … Continue reading

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Filed under Discrimination and equal pay, Jurisdiction: UK, Termination of employment

Australia: Dismissal for criminal convictions – The importance of proper identification of inherent requirements and considering mitigating factors

A recent report by the Australian Human Rights Commission (AHRC) reinforces the risks in dismissing an employee on the basis of past criminal convictions. Employers should exercise caution in dismissing an employee on the basis of their criminal record. It … Continue reading

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Filed under Discrimination and equal pay, Jurisdiction: Australia, Termination of employment

Australia: WAIRC Full Bench declines to imply term of ‘reasonable notice’ in employment contracts

In the recent decision of Richards v Nicoletti [2016] WAIRC 00941, the WAIRC Full Bench has determined that there is no scope to imply a term of reasonable notice of termination in employment contracts. The applicant, Mr Richards, was a … Continue reading

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Filed under Jurisdiction: Australia, Termination of employment

UK: Autumn Statement – taxation on termination payments and salary sacrifice

Our July-August 2016 ebulletin highlighted HMRC proposals to change the taxation of termination payments from April 2018, and in particular to provide that all payments in respect of unworked notice be treated as earnings subject to income tax and employer … Continue reading

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Filed under Jurisdiction: UK, Termination of employment

UK: Unfair dismissal – broad investigation may be required where credibility of serious allegations at issue

Where an employer is contemplating dismissal for gross misconduct on the basis of disputed and uncorroborated evidence, fairness may require it to carry out a broad investigation, including into evidence that goes to credibility.

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Filed under Jurisdiction: UK, Termination of employment

UK: Unfair dismissal – reliance on inappropriate final warning could render dismissal for gross misconduct unfair

In Bandara v British Broadcasting Corporation, an employer dismissed an employee in reliance on both recent gross misconduct and a prior final written warning which the tribunal found to have been ‘manifestly inappropriate’.

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Filed under Jurisdiction: UK, Termination of employment