Tag Archives: notice

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

Leave a Comment

Filed under Jurisdiction: UK, 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

Leave a Comment

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

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.

Leave a Comment

Filed under Jurisdiction: UK, 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

Leave a Comment

Filed under Jurisdiction: Australia, Termination of employment

Australia: Reasonable notice update

A recent judgment of the District Court of South Australia has held that a term providing for termination on reasonable notice should not be implied into an employment agreement because of the application of the statutory minimum period of notice … Continue reading

Leave a Comment

Filed under Jurisdiction: Australia, Redundancy, Termination of employment

UK: Termination – employees can be held to notice period and need not be paid if they refuse to work

The Court of Appeal has upheld a High Court ruling that, if an employee leaves without giving contractual notice (save in constructive dismissal circumstances), the employer has a choice whether to accept the breach as ending the contract, or to … Continue reading

Leave a Comment

Filed under Jurisdiction: UK, Termination of employment

UK: Termination – employees can be held to notice period and need not be paid if they refuse to work

Last year the Supreme Court ruled that, where an employer dismisses an employee with immediate effect in breach of the employment contract, the employee can choose whether to accept this breach as bringing the contract to an end or to … Continue reading

Leave a Comment

Filed under Jurisdiction: UK, Termination of employment

UK: Resignation without notice – deduction from pay lawful

The EAT has ruled that it was not an unenforceable penalty for a contract to include a clause deducting a payment equal to the salary for the period of notice not worked when a highly skilled employee resigned, as this … Continue reading

Leave a Comment

Filed under Jurisdiction: UK, Termination of employment

UK: Termination – payment in lieu of notice payable despite subsequently discovered gross misconduct

Employers should review any precedent payment in lieu of notice (PILON) clauses and compromise agreement wording to ensure that any payment will not be payable or can be recovered if, having dismissed an employee, the employer subsequently discovers the employee’s … Continue reading

Leave a Comment

Filed under Jurisdiction: UK, Termination of employment

UK: Termination – effective from date resignation letter received at employer

Where an employee sends a letter resigning with immediate effect, the effective date of termination (for calculating tribunal claims limits and qualifying service) is the date on which the information is communicated to the employer. This will be the date on … Continue reading

Leave a Comment

Filed under Jurisdiction: UK, Termination of employment