³ÉÈËÓ°Òô

View the related checklists about Dismissal

Issues to consider when drafting a settlement agreement—checklist (employer)

Issues to consider when drafting a settlement agreement—checklist (employer) The employer (and its advisers) should consider the following issues: Preparatory steps • Obtain from the employer: ◦ a copy of the departing employee's latest contract of employment/other relevant documents containing contractual terms (NB these may be in a staff handbook) ◦ details of the contractual benefits enjoyed by the employee ◦ relevant information regarding the employee's pension benefits ◦ relevant information regarding any shares/share options, etc held by the employee? Consider the Articles of Association/any relevant shareholder agreement, share scheme documentation, etc. See also Shares and share options below Status of negotiations • Will negotiations take place between the parties directly, or between their respective legal advisers? • How strong is the employer's negotiating position? How strong are the employee's claims or potential claims? In the case of dismissal, is there a fair reason and has the employer carried out a fair procedure? Is the employer in repudiatory breach? What is the employer prepared to offer initially, and is that...

Probate claim procedure—table

Probate claim procedure—table This table provides an outline of the procedure where there is a probate claim. For further guidance, see: Practice and procedure—contentious trusts and estates—overview and Probate actions (probate claims)—overview. Action CPR Issue of claim form If Claimant is a child or protected party follow CPR Part 21 in relation to appointment of litigation friend. CPR 21.1–CPR 21.6 Claimant prepares claim form (Form N2), with a copy for filing and further copies for service on each Defendant. CPR 7.2, CPR 57.3 Claim form must contain a statement of the nature of the interest of Claimant and of each Defendant in the estate of the deceased to which the claim relates. CPR 57.7(1) Particulars of claim may be contained in claim form (or served separately (see below)). CPR 7.4(1)(a) If the proposed claim is for revocation of grant: Every person who is entitled or claims to be entitled to administer the estate of the deceased under an unrevoked grant of probate of the Will or letters...

View the related flowcharts about Dismissal

Industrial action that has statutory immunity—flowchart

Industrial action that has statutory immunity—flowchart FORTHCOMING CHANGE: The legal framework for giving protected status to industrial action and picketing is to be amended under clauses 54 to 61 of the Employment Rights Bill, introduced on 10 October 2024 (see Practice Note: The right to take industrial action—Employment Rights Bill). Clause 118 of the Bill confirms that many of the proposed changes will come into force two months after the Employment Rights Act 2025 is passed. The Strikes (Minimum Service Levels) Act 2023 will be repealed on the day on which the Act is passed. For further information on the Employment Rights Bill, generally, see Employment News Analysis: The Employment Rights Bill, and Employment Rights Bill 2024-views from the sector, LNB News 10/10/2024 85. To track the progress of the Bill through Parliament, see Practice Note: Employment Rights Bill—tracker. The government also launched a public consultation on creating a modern framework for industrial relations. The consultation seeks views on several specific...

View the related practice notes about Dismissal

Reason for dismissal—general

Once it is established that a claimant has the right to bring an unfair dismissal claim—in other words, that they were an employee, they were dismissed, the claim was presented in time (and the early conciliation requirement has been complied with, where applicable) and they have the requisite continuous employment (see Definition of dismissal in unfair dismissal, Entitlement to claim unfair dismissal, Time limits for presenting employment tribunal claims and The early conciliation requirement), it will generally be for the employer to show for the purposes of section 98(1) of the Employment Rights Act 1996 (ERA 1996):•what the reason or, if there was more than one, the principal reason was for dismissing the employee, and•that it was a potentially fair reason for dismissal (see below)If the employer is unable to satisfy the tribunal that the reason for dismissal was potentially fair, the dismissal will be unfair. If the employer does establish a potentially fair reason for dismissal, the tribunal will, under ERA 1996, s 98(4), consider whether the employer acted...

Wrongful dismissal and mitigation

An employee who is wrongfully dismissed is under a duty to take reasonable steps to mitigate their loss. Generally this means making reasonable efforts to find new work. If the employee succeeds in obtaining another job, the employee must give credit to the former employer for the salary and benefits the employee receives from the new job.Expenses incurred in taking reasonable steps to mitigate the loss (eg the cost of travelling to job interviews) are recoverable as part of the compensation. For further information, see Practice Note: Wrongful dismissal compensation.The duty to mitigate requires the employee to act as they would have done if they did not expect to recover any compensation from their former employer. An employee cannot sit back and do nothing on the basis that they will be compensated later.However, an employee is allowed a reasonable period after dismissal to 'lick their wounds' and draw breath before relaunching themselves on the job market. An employee is also allowed to set their sights reasonably high: in other words,...

View the related precedents about Dismissal

ET3 grounds for resisting claim — discrimination because of pregnancy

ET3 grounds for resisting claim — discrimination because of pregnancy [Insert in para 6.1 of response form ET3:] 1 Paragraph 1 of the Grounds of Claim is admitted. It is admitted the Claimant notified the Respondent of her pregnancy as described in paragraph 2 of the Grounds of Claim and that on [insert date] she commenced a period of absence. According to the medical certificate which she submitted the reason for her absence was [insert details]. 2 It is admitted that the Claimant was dismissed on or about [insert date] but it is denied that she was dismissed because she was pregnant or for any reason connected with her pregnancy-related illness. It is denied that she was not told the reason for her dismissal. She was told that she was being dismissed because her post was redundant. 3 At the date of her dismissal, it was no longer practicable to continue to employ

Memorandum on the responsibilities and obligations of a director of an AIM company

Memorandum on the responsibilities and obligations of a director of an AIM company 1 Introduction 1.1 This memorandum has been prepared for the directors and proposed directors (the Directors) of the Company to provide a general introduction to the principal responsibilities and obligations of a director of a company whose shares are admitted, or will be admitted, to AIM, a market operated by London Stock Exchange plc (LSE). 1.2 Once a company’s securities are admitted to trading on AIM, a company and its directors are subject to an increased layer of regulation. This includes requirements set out in the AIM Rules for Companies published by the LSE (AIM Rules), the Disclosure Guidance and Transparency Rules sourcebook (DTRs), the Prospectus Rules and the Market Abuse Regulation. 1.3 As a Director, you will be responsible (individually and collectively with your fellow Directors) for the Company's compliance with these provisions. The LSE has the power to fine or publicly censure an AIM company in the case of a...

View the related q&as about Dismissal

Where a worker’s pay is not in compliance with National Minimum Wage (NMW) rates, can the worker bring a claim in the employment tribunal and also make a complaint to HMRC for enforcement proceedings against their employer? If the worker’s claim involves a cause of action in addition to their claim for statutory underpayment of wages, would they be able to pursue the claim for underpayment separately via HMRC enforcement, and proceed just with their employment tribunal claim in respect of the other, non-NMW-related, claim(s)?

Where a worker’s pay is not in compliance with National Minimum Wage (NMW) rates, can the worker bring a claim in the employment tribunal and also make a complaint to HMRC for enforcement proceedings against their employer? If the worker’s claim involves a cause of action in addition to their claim for statutory underpayment of wages, would they be able to pursue the claim for underpayment separately via HMRC enforcement, and proceed just with their employment tribunal claim in respect of the other, non-NMW-related, claim(s)? If a worker has not been paid the national minimum wage: • the worker can enforce their entitlement by way of their contract by making a claim for breach of contract or a claim for unlawful deduction from wages • HM Revenue and Customs (HMRC) can enforce the worker's entitlement by issuing a notice of underpayment or suing on the worker's behalf For further information, see Practice Note: National minimum wage, in particular the main sections dealing with Consequences of failure to pay and Enforcement...

If a lorry driver delivering goods is persuaded not to cross a picket line by employees engaged in lawful, peaceful picketing, and the lorry driver faces disciplinary sanction or dismissal from their own employer (who is not a party to the trade dispute) for refusing to cross the picket line to deliver the goods, are there any protections available to the lorry driver?

If a lorry driver delivering goods is persuaded not to cross a picket line by employees engaged in lawful, peaceful picketing, and the lorry driver faces disciplinary sanction or dismissal from their own employer (who is not a party to the trade dispute) for refusing to cross the picket line to deliver the goods, are there any protections available to the lorry driver? When it comes to statutory protections available to those engaged in industrial action or picketing: • statutory immunity is provided against liability in relation to economic or industrial torts for those involved in industrial action with their employer, which is done in contemplation or furtherance of a trade dispute (as defined), and which complies with specific balloting and notification conditions (see Practice Notes: The right to take industrial action and Balloting for and employer notification of industrial action) • protection against dismissal is potentially available for those participating in such industrial action (see Practice Note: Entitlement to claim unfair dismissal, particular the main section dealing...

View the related News about Dismissal

Employment Law—looking back at 2024 and ahead to 2025

Employment analysis: The Lexis+® Employment team have put together a round-up of the key employment law developments in 2024 as well as a look ahead to the key things to look out for in 2025, including upcoming developments on the Employment Rights Bill, the new employer duty to prevent sexual harassment, the Equality (Race and Disability) Bill and upcoming legislation and cases of interest.

Google beats patients application to revive mass data privacy claim

Law360, London: Google has dodged a class action from patients who alleged the tech giant misused their health records for a kidney injury alert app, after a London appeals court on 11 December 2024 refused to revive the mass data privacy claim.

View the latest UK Parliament Acts documents on Dismissal

136 Circumstances in which an employee is dismissed

(1)     Subject to the provisions of this section and sections 137 and 138, for the purposes of this Part an employee is dismissed by his employer if (and only if)—(a)     the contract under which he is employed by the employer is terminated by the employer (whether with or without notice),(b)     he is employed under a contract for a fixed term and that term expires without being renewed under the same contract, or[(b)     he is employed under a limited term

138 No dismissal in cases of renewal of contract or re-engagement

(1)     Where—(a)     an employee's contract of employment is renewed, or he is re-engaged under a new contract of employment in pursuance of an offer (whether in writing or not) made before the end of his employment under the previous contract, and(b)     the renewal or re-engagement takes effect either immediately on, or after an interval of not more than four weeks after, the end of that employment,the employee shall not be regarded for the purposes of this Part as dismissed by his employer by reason of the ending of his employment under the previous contract.(2)     Subsection (1) does not apply if—(a)     the provisions of the contract as renewed, or of the new contract, as to—