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#Termination

A settlement agreement (or compromise agreement as it used to be known) is a contract between an employee and employer.

Settlement Agreements - What Are They?

14

May

2020

Settlement Agreements - What Are They?

A settlement agreement (or compromise agreement as it used to be known) is a contract between an employee and employer.

#Termination

The very public resignation of Sir Philip Rutnam has clearly generated the media coverage he anticipated.

Former civil servant brings constructive dismissal claim

6

Mar

2020

Former civil servant brings constructive dismissal claim

The very public resignation of Sir Philip Rutnam has clearly generated the media coverage he anticipated.

#Termination
His Honour Judge Auerbach has reiterated the importance of properly pleading the case in his decision in Upton-Hansen Architects (“UHA”) v Gyftaki.

EAT agrees: no fair reason for dismissal if Respondent doesn’t provide one

30

Aug

2019

EAT agrees: no fair reason for dismissal if Respondent doesn’t provide one

His Honour Judge Auerbach has reiterated the importance of properly pleading the case in his decision in Upton-Hansen Architects (“UHA”) v Gyftaki.
#Termination
The claimant was a financial accountant for a charity called Phoenix House. She claimed that she was being improperly treated by her company during a large restructuring.

Covertly recording a meeting can amount to misconduct

11

Jul

2019

Covertly recording a meeting can amount to misconduct

The claimant was a financial accountant for a charity called Phoenix House. She claimed that she was being improperly treated by her company during a large restructuring.
#Termination
In Awan v ICTS Ltd the EAT found an implied term that where an employee is contractually entitled to long-term disability benefits, they will not be dismissed for continuing incapacity. The Claimant had a contractual entitlement to a long-term disability benefit plan for the duration of his employment.

Long-term disability dismissal frustrates entitlement to benefits

30

Nov

2018

Long-term disability dismissal frustrates entitlement to benefits

In Awan v ICTS Ltd the EAT found an implied term that where an employee is contractually entitled to long-term disability benefits, they will not be dismissed for continuing incapacity. The Claimant had a contractual entitlement to a long-term disability benefit plan for the duration of his employment.
#Termination
The Court of Appeal recently confirmed that an ambiguous letter of acceptance of resignation from an employer did not vary the original termination date by agreement. JLT Speciality v Craven concerned a bonus advance of £500,000 which was agreed to be repayable if the Claimant resigned “on or before 31 December 2016”.

Resignations - Clarifying the Termination Date is Key

16

Nov

2018

Resignations - Clarifying the Termination Date is Key

The Court of Appeal recently confirmed that an ambiguous letter of acceptance of resignation from an employer did not vary the original termination date by agreement. JLT Speciality v Craven concerned a bonus advance of £500,000 which was agreed to be repayable if the Claimant resigned “on or before 31 December 2016”.
#Termination
In the recent case of Patel v Folkstone Nursing Home Ltd, the Court of Appeal held that an employee had not been dismissed by his employer as his internal appeal against dismissal had been successful; thereby effectively erasing the earlier dismissal. The claimant had been dismissed for gross misconduct for falsifying records and sleeping whilst on duty.

Successful appeal erases dismissal

18

Jul

2018

Successful appeal erases dismissal

In the recent case of Patel v Folkstone Nursing Home Ltd, the Court of Appeal held that an employee had not been dismissed by his employer as his internal appeal against dismissal had been successful; thereby effectively erasing the earlier dismissal. The claimant had been dismissed for gross misconduct for falsifying records and sleeping whilst on duty.
#Termination
As we have previously blogged, if an employee fails to produce evidence of his right to work in the UK, it will not necessarily be fair for an employer to dismiss on the basis that it would be illegal to continue to employ the employee. However, dismissal in these circumstances can still be fair if the employer has a reasonable and genuinely held belief that it would be illegal to continue to employ them and has followed a fair process.

Right to work check: Failure to give right of appeal following dismissal, found to be unfair

5

Jul

2018

Right to work check: Failure to give right of appeal following dismissal, found to be unfair

As we have previously blogged, if an employee fails to produce evidence of his right to work in the UK, it will not necessarily be fair for an employer to dismiss on the basis that it would be illegal to continue to employ the employee. However, dismissal in these circumstances can still be fair if the employer has a reasonable and genuinely held belief that it would be illegal to continue to employ them and has followed a fair process.
#Termination
If an employee is dismissed for gross misconduct just short of 2 years service, s/he cannot add on statutory minimum notice so as to qualify to bring an unfair dismissal claim, found the Employment Appeal Tribunal (EAT) in Lancaster & Duke Limited v Wileman.

Qualifying period for Unfair Dismissal Claims

5

Jul

2018

Qualifying period for Unfair Dismissal Claims

If an employee is dismissed for gross misconduct just short of 2 years service, s/he cannot add on statutory minimum notice so as to qualify to bring an unfair dismissal claim, found the Employment Appeal Tribunal (EAT) in Lancaster & Duke Limited v Wileman.
#Termination
The recent EAT decision of Quintiles Commercial v Barongo held that even in the absence of any prior warnings, a dismissal for misconduct is not necessarily unfair where the conduct is labelled ‘serious misconduct’ rather than ‘gross misconduct’. The Tribunals need to consider the circumstances as a whole when assessing the decision to dismiss.

‘Serious misconduct’ dismissals- Must there be prior warnings?

15

Jun

2018

‘Serious misconduct’ dismissals- Must there be prior warnings?

The recent EAT decision of Quintiles Commercial v Barongo held that even in the absence of any prior warnings, a dismissal for misconduct is not necessarily unfair where the conduct is labelled ‘serious misconduct’ rather than ‘gross misconduct’. The Tribunals need to consider the circumstances as a whole when assessing the decision to dismiss.
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