Termination of employment

UK: Employers may need to go further than strict compliance with the statutory right to a companion to ensure fairness

Employees have a statutory right to be accompanied to a disciplinary or grievance hearing by their chosen companion and, if that companion is unavailable on the date set, to have the hearing postponed by 5 working days. A failure to … Continue reading

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Filed under Jurisdiction: UK, Termination of employment

UK: poor communication of successful appeal could itself amount to constructive dismissal

The Court of Appeal in Patel v Folkestone Nursing Home Ltd has confirmed that where an employee’s internal appeal against dismissal is successful, the effect will be to reinstate the employee with retrospective effect. The earlier dismissal will ‘vanish’ without … Continue reading

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Filed under Jurisdiction: UK, Termination of employment

UK: Care needed over dismissal timing when employee approaching two years’ service

The EAT has confirmed for the first time that an employee dismissed for gross misconduct in the week prior to accruing two years’ service will not gain unfair dismissal protection provided that the tribunal agrees that they have indeed committed … Continue reading

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Filed under Jurisdiction: UK, Termination of employment

UK: dismissal of trade union representative for misuse of confidential information automatically unfair

The Court of Appeal has ruled that the protection against unfair dismissal for taking part in trade union activities should be interpreted broadly and will not necessarily fall away where the activity involves misconduct. In Morris v Metrolink a trade … Continue reading

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Filed under Industrial/workplace relations, collective bargaining, works councils, Jurisdiction: UK, Protection of business interests (including restrictive covenants and confidential information), Termination of employment

UK: employers should offer internal appeal against dismissal

The case of Afzal v East London Pizza Ltd t/a Dominos Pizza highlights the importance of offering a right of appeal against dismissal. In that case the employer was justified in urgently dismissing an employee for failure to provide evidence … Continue reading

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Filed under Jurisdiction: UK, Termination of employment

UK: Relying on a series of acts – courts confirm approach to ‘final straw’ constructive dismissal claims and summary dismissal for acts which are not individually gross misconduct

Employers should note that, even where an employee seems to have ‘moved on’ from complaints that a series of acts by the employer cumulatively amounted to a breach of trust and confidence, a further act could revive the employee’s right … Continue reading

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Filed under Jurisdiction: UK, Termination of employment

Malaysia: Reinstatement Must be Sought by Employees in Unfair Dismissal Claims

A recent decision of the Industrial Court of Malaysia has confirmed the position that in a claim for unfair dismissal, the primary remedy is reinstatement. If an employee does not seek reinstatement, the court has no further jurisdiction over the … Continue reading

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Filed under Jurisdiction: Asia, Termination of employment

UK: Supreme Court implies term that notice only starts to run once employee has received and had an opportunity to read it

The Supreme Court has ruled that, in the absence of an express contractual provision to the contrary, notice of dismissal by post starts to run when the letter comes to the attention of the employee and they have either read … Continue reading

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Filed under Jurisdiction: UK, Termination of employment

UK: employers should update template termination agreements in light of April tax changes and developments on NDAs

The tax treatment of payments for termination of employment has changed for terminations taking place on or after 6 April (see our earlier blog post here). The effect of the changes is to fully tax as earnings such part of … Continue reading

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

APAC: Dismissal for Poor Performance

This month we consider some common questions when considering the dismissal of poor performing employees. First off we look at the position in key jurisdictions in North Asia.

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Filed under Jurisdiction: Asia, Termination of employment