Holiday Pay For Leavers. Mr C was dismissed and was entitled to payment in lieu of accrued but unused holiday time which his employer paid at a rate of 1/365.
How to Provide a References for Former Employees. It’s important when providing a reference for a former employee that the content is given careful consideration.
Draft legislation to reform tax treatment of termination payments from April 2018 has been approved by parliament and will have consequences for exit strategies
Settlement Agreement are legally binding agreements in which the employee agrees not to pursue any claim they may have to an employment tribunal and in return the employer usually provides a severance payment. Notice, as outlined in the contract of employment, is usually included in the agreement and generally provides for a “payment in lieu”.
Read my Top Tips to the terms a settlement agreement should contain.
New trigger for collective redundancy consultation
The Employment Appeal Tribunal has held that the trigger for collective consultation is 20 or more redundancies across the employer’s business rather than by reference to each of the employer’s sites (or “establishments”).
This eagerly awaited judgment provides clear guidance in relation to retirement policies after the Default Retirement Age was abolished in October 2011.
In the case of Capita Hartshead Limited v Ms Byard, Ms Byard was employed by Hartshead as an actuary. The number of her clients diminished so she was not left with enough work for a full-time role. This reduction was not due to Ms Byard’s performance but because some of the pension schemes she worked on had been wound up or Hartshead had lost the client.
This is the third in a series of articles discussing Fair Reasons for Dismissal and Unfair Dismissal. For a dismissal to be fair it must be based on one of five reasons, the second article discussed the Fair Process for a Misconduct Dismissal and this article I take a brief look at the remaining four reasons.
The Employment Appeal Tribunal has handed down its decision that the true construction of the meaning of the words used by an employer in a letter of dismissal in which it paid monies to an employee as an ‘ex gratia payment’ was a question of law.
This recent High Court decision sends a cautionary message to employers who engage in any communications, not limited to references, which may have a financial impact on former employees.