What are the key legal points regarding the termination of employment?
If a contract of employment is terminated by mutual consent, is an employee still entitled to claim unfair dismissal?
Can an employee claim unfair dismissal on expiry of his or her fixed-term contract of employment?
How much notice is a resigning employee required to give his or her employer?
Can an employee retract his or her resignation?
What options does an employer have where an employee who has resigned begins to underperform during his or her notice period?
Can an employee claim unfair dismissal if he or she has resigned?
Where an employee resigns, can the employer pay the employee in lieu of his or her notice period?
If an employer makes a payment in lieu of notice in response to an employee’s resignation, even where there is a contract clause allowing this, there is a risk that bringing forward the termination date by making such a payment would constitute a dismissal (rather than a resignation), which could be held to be unfair. Compensation for unfair dismissal in these circumstances would be limited to the basic award, as the employer would already have compensated the employee for all lost earnings up to the date on which the employment would otherwise have terminated.
There will also be a risk of breach of contract, unless there is a pay in lieu of notice clause in the contract that specifically applies where it is the employee who has given notice. In these circumstances, the employee would not be bound by any post-employment restrictions contained in the contract, for example preventing him or her immediately going to work for a competitor.
A period of garden leave is likely to be more appropriate than a payment in lieu of notice in circumstances where the employer does not wish a resigning employee to work the notice period.
Alternatively, the employer could seek the employee’s agreement to bringing forward the termination date and the employer making a payment in lieu of notice. This would not amount to a dismissal or breach of contract.
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Are there any possible repercussions for an employer that persuades an employee who has resigned and accepted an offer with another employer to stay?
How can an employer prevent a possible discussion about a compromise agreement resulting in a claim for constructive dismissal?
Are there any circumstances in which a contract of employment can end without resignation or dismissal?
Can an employer dismiss an employee because he or she is in prison?
Can an employee claim unfair dismissal where a contract that was entered into for the completion of a specific task comes to an end?
Must an employee have been employed for a particular period of time before he or she can claim constructive dismissal?
Will the dismissal of an employee who is taken on temporarily to fill in for a pregnant woman be fair?
Where a fixed-term employee's contract is due to terminate while she is on maternity leave, does the employer have any obligation to re-employ her at the end of her maternity leave?
Where an individual has been employed on a 12-month fixed-term contract to cover maternity leave, can the employer terminate the contract early if the woman on maternity leave decides to return early?
Are employees on fixed-term contracts entitled to statutory notice of their dismissal?