Termination Of Employment

There are many reasons why employment may come to an end. It could be due to the conduct of the employee, the employee no longer being able to work there or redundancy. There are statutory guidelines that must be followed, and of course the employment contract, when employment is terminated.

Please call us about your employment law matter on 01536 276300 or 01536 311690. We offer an initial fixed fee discussion at a cost of £150 + vat or use our online enquiry form.

Sadly we are unable to assist in contested employment disputes at this stage.

A contract of employment can be terminated at any time by either party, it could be a resignation or retirement.

Three claims may be available to an employee upon termination of his employment. Wrongful dismissal, unfair dismissal and redundancy. Unfair dismissal and redundancy are different as they are statutory rights given to an employee. Both of these claims have criteria that must be fulfilled.

Both the employee and employer are normally entitled to a minimum period of notice on termination of employment. Notice periods should be one of the key terms detailed in the contract of employment. Usually, employees must be paid their normal pay during the notice period.

Eligibility

To claim a redundancy payment or pursue an unfair dismissal claim, a person must be an employee, have been dismissed, continuously employed for a set period and not be within an excluded clause.

Employees Only

The person claiming must be an employee, ‘an individual who works under a contract of employment’. This is fairly straight forward.

Dismissal

To bring either of these claims, the employee must show that he was dismissed. It does not include employees who resign or leaves by mutual agreement.

Actual dismissal is when an employee is terminated by his employer with or without notice. The only exception to this is when an employee is forced to resign by his employer. This is known as constructive dismissal.

Continuous Employment

When calculating periods of continuous employment, a month means a calendar month and a year is 12 calendar months.

The usually means that the employee works for the same employer without a break.

To bring a redundancy claim, you must have been employed for a period of not less than two years, from the date employment commenced to the dismissal date.

For an unfair dismissal claim, the law has recently changed. For employees who worked at their employers prior to 1st April 2012, it is one years’ service. However, for employees who commenced work after the 1st April 2012, they must have completed at least two years’ service.

Excluded Classes

There are some employees who do not have the entitlement to the statutory claims. This includes members of armed forces or members of the police service.

Contracting Out

Any provision present in an employment contract preventing the employee from exercising their statutory rights is absolutely void except in so far as it is permitted in the act.

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