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

UK: scope of duty of care when writing reference with opinion based on earlier investigation

Employers will welcome a High Court ruling in Hincks v Sense Network that the duty of care to an ex-employee, when giving a reference detailing opinions on performance reached following an investigation, does not normally require the referee to examine … Continue reading

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Filed under Jurisdiction: UK, Termination of employment

UK: April 2018 changes to statutory benefits, tribunal compensation, minimum wage

From 6 April 2018, the cap on the unfair dismissal compensatory award increases from £80,541 to £83,682 and the cap on weekly pay (used to calculate the unfair dismissal basic award and statutory redundancy pay) increases from £489 to £508. This gives … Continue reading

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Filed under Jurisdiction: UK, Termination of employment, Workplace flexibility and family-friendly rights

Singapore: Amendments to the Singapore Employment Act

Following a public consultation on the review of the Singapore Employment Act (the “EA”), the Ministry of Manpower (“MOM”) announced on 5 March 2018 that amendments to the EA will be implemented effective 1 April 2019.

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Filed under Business sales/transfers, Employment-related claims- procedure and form, Jurisdiction: Asia, Termination of employment, Working hours (including holiday, sick leave, overtime, rest breaks), Workplace flexibility and family-friendly rights

UK: Unfair dismissal rulings on reasonable responses test, bumping, and egregious breaches

An employee’s refusal to accept that they have breached their duties is relevant to whether dismissal is within the range of reasonable responses for unfair dismissal purposes. In Reilly v Sandwell Metropolitan Borough Council, the Supreme Court ruled that it … Continue reading

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Filed under Jurisdiction: UK, Redundancy, Termination of employment

China: How to Approach Employee Dismissals

Under PRC law, an employment contract can be terminated in three main ways, namely resignation by the employee, unilateral termination by the employer, or mutual separation. While resignation by the employee is generally straightforward, while other paths to termination must … Continue reading

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Filed under Jurisdiction: Asia, Redundancy, Termination of employment