Termination of Employment

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How to dismiss an employee with less than 2 years’ service?

20th July 2018

An employee needs 2 years’ service to claim unfair dismissal. Many employers are aware of this. We found that our clients can have contrasting assumptions or attitudes about dismissing an employee under 2 years. Many employers assume that they can safely dismiss for any reason, others are very conservative and are prepared to follow a […]

An Employer’s Guide to Restrictive Covenants

5th July 2017

Let’s begin with what restrictive covenants actually are: simply put, they are clauses in employee contracts that are designed to restrict ex-employees from specific actions that could be seen as detrimental to the well-being of a business or its competitive advantage.  For example, an employee who leaves to set up a company of their own, […]

Unfairly dismissed for smelling of alcohol

1st July 2015

Can you summarily dismiss an employee for smelling of alcohol? The answer is not as straightforward as you think and will depend to a great extent on the content of your policies and the way you apply them. In Mr McElroy v Cambridgeshire Community Services NHS Trust, a judge found Mr McElroy to have been […]

Romance may not be dead, but boy can it cause trouble!

12th February 2015

With Valentine’s Day looming, we thought we needed to talk about the burning topic of office romances. You may think that the office affair is a bit of a cliché that only happens in films or in books, but with a quick scoot around the internet, you will find lots of articles covering everything from […]

Rise in maximum award for unfair dismissal and week’s pay

10th April 2014

The employment tribunal compensation limits have risen under the Employment Rights (Increase of Limits) Order 2014, reflecting an  RPI rise of 3.2%. The maximum award for unfair dismissal is now the lower of 52 weeks’ pay or £76,574, where 52 weeks’ pay is 52 times one week’s actual gross pay for the employee at the time […]

Are employment lawyers going to be less busy from today?

29th July 2013

Today is an important day for employment lawyers, and for a large part of the working population and their employers, as any employee wishing to take their employer to a tribunal will now have to pay a fee of between £160 to £250 to lodge a claim and a further fee of between £230 to […]

Fast Track Acas Settlements

26th April 2013

Over the years, we have dealt with Acas to settle employment tribunal claims on many occasions and generally our experience has been good. They provide a very useful service in helping Claimants and Respondent discuss the possibility of settlement without any comment on the merits of the case. Once a settlement has been reached in […]

Sod it. Let’s just make him redundant..

2nd March 2012

Over the years, we have had numerous discussions with clients about terminating the employment of someone who is not very good at their job. Almost inevitably, at some point during the conversation, the client will ask why we can’t just make him redundant? Our answer is generally because the job isn’t redundant. So what is […]

Beware: the two year qualifying period will take affect for new employees only

31st January 2012

One of the most publicly announced reforms in employment law coming into force on 6th April 2012 is the increase of the qualifying period to claim unfair dismissal from one year to two. We commented on this last year https://www.employease.co.uk/blog/?m=20111007 However, there has been a bit of news on this change. A number of organisations including […]

How does the Qualifying Period work?

10th May 2011

The concept of the Qualifying Period is well known to employers. It is the length of time an employee must work with their employer to acquire a number of statutory rights, most notably the right to claim unfair dismissal. There is however, still a lot of confusion about the Qualifying Period. We often hear employers […]