Forms of termination

Updating author: Max Winthrop

XpertHR editor: Zuraida Curtis

Summary

• The termination of a contract of employment may result in various claims, including a claim for unfair dismissal, breach of contract or discrimination. (See Termination overview)
• A contract can be unilaterally terminated by way of resignation by the employee or dismissal by the employer. (See Dismissal and Resignation)
• Many of the statutory rights and liabilities, for example the right not to be unfairly dismissed, are largely dependent on whether or not the termination has taken place by way of a dismissal. (See Dismissal)
• A resignation can be a "constructive" dismissal if the requirements of s.95(1)(c) of the Employment Rights Act 1996 are met. (See Constructive dismissal/repudiation of contract)
• A contract can be terminated by mutual agreement between employer and employee. (See Termination by mutual consent)
• If a contract is entered into for a fixed term or for a specific purpose or until a specific event occurs it will terminate at the end of that term by way of a dismissal of the employee. (See Expiry of a fixed-term contract and Termination by performance)
• A contract can be frustrated by the happening of an unforeseen and unprovided for event such as severe or prolonged illness, death, war or imprisonment. (See Frustration)
• The date of termination is relevant for enforcing statutory employment rights. It is important to ascertain the date of termination, not least because the limitation period for bringing a claim will run from that date. (See Date of termination)