Termination of employment

UK: Legislation – Employment law reform proposals during the Summer 2017 General Election

The main parties' manifestos for the general election all contained numerous proposed employment law reforms, the Conservatives promising "the greatest expansion in workers' rights by any Conservative government in history" while Labour included a 20 point "plan for security and equality … Continue reading

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Filed under Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Industrial/workplace relations, collective bargaining, works councils, Jurisdiction: UK, Termination of employment, Working hours (including holiday, sick leave, overtime, rest breaks), Workplace culture, diversity and discrimination (including bullying and harassment)

UK: Disciplinary hearings- nominal damages for refusal of an unsuitable companion

Employers will welcome a tribunal decision that damages for failure to allow a chosen companion at a disciplinary hearing should be nominal where the companion was within the permitted statutory categories but unsuitable for other reasons.

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Filed under Jurisdiction: UK, Termination of employment

UK: Unfair dismissal – poor attitude towards organisational change could justify gross misconduct dismissal

The Court of Appeal has upheld a tribunal ruling that deliberate resistance by a manager asked to implement organisational change was gross misconduct. Given her senior position, the manager's failure to cooperate with, support or lead a change, on the … Continue reading

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Filed under Jurisdiction: UK, Termination of employment

Australia: WHS Discrimination – A Question of Fact

A recent decision of the Victorian Supreme Court of Appeal has considered the ‘prohibition against discrimination’ offence provisions in the Occupational Health and Safety Act 2004 (Vic) (OHSA).   Judicial consideration of these provisions is rare. In the harmonised jurisdictions … Continue reading

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Filed under Jurisdiction: Australia, Termination of employment, Workplace culture, diversity and discrimination (including bullying and harassment), Workplace Health and Safety

UK: April 2017 changes – apprenticeship levy, tribunal compensation limits, national minimum wage, statutory benefits and immigration skills charge

From 6 April 2017 UK employers with an annual pay bill of or over £3 million will be required to pay an apprenticeship levy at a rate equivalent to 0.5% of their payroll costs, subject to an offset allowance of … Continue reading

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Filed under International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: UK, Termination of employment, Workplace flexibility and family-friendly rights

UK: Termination – for contractual claims, notice of termination takes effect on actual personal receipt (in absence of express provision)

Employers wanting certainty as to the date of termination for contractual purposes should ensure that the employment contract specifies when notice is deemed to be given or, if it does not, that they hand over notice in person to the … Continue reading

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Filed under Jurisdiction: UK, Termination of employment

UK: Workplace loans – employers should make repayment terms clear and comprehensive

Employers should ensure that agreements providing employees with loans to pay for season tickets, equipment, training courses etc clearly state when the loan will be repayable. Where the loan is to be waived if the employee remains employed for a … Continue reading

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Filed under Jurisdiction: UK, Remuneration (including bonus and incentive plans), Termination of employment, Terms of employment contracts

UK: Dismissal for long-term sickness – new medical evidence at internal appeal

Employers should ensure they investigate any evidence that a long-term sick employee may soon be able to return to work before deciding to dismiss, even if that evidence is questionable and produced only at a late stage.

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Filed under Jurisdiction: UK, Termination of employment, Workplace culture, diversity and discrimination (including bullying and harassment)

Australia: Key decision on directing employees to see a doctor

The Full Federal Court has handed down a decision on an employer’s right to direct attendance at a medical appointment, and whether an employer can validly dismiss an employee for failing to follow such a direction. The Full Court’s decision is … Continue reading

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Filed under Jurisdiction: Australia, Termination of employment, Workplace Health and Safety

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 Jurisdiction: Asia, Termination of employment, Terms of employment contracts