What are the key legal points regarding the termination of employment?
Are employees on fixed-term contracts entitled to statutory notice of their dismissal?
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?
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?
Generally, a fixed-term contract will terminate at a specified date, or on the occurrence of a specified event, such as the completion of a task. Employees are not entitled to the statutory minimum notice under s.86 of the Employment Rights Act 1996 in these circumstances (although it would be good practice for employers to provide notice). Early termination of a fixed-term contract will result in a breach of contract, unless the contract contains an early termination clause allowing either party to give notice. Where the contract allows the employer to end it early by giving notice, the employee will be entitled to the statutory minimum notice applicable. If the terms of the contract provide for notice in excess of the statutory minimum, the employer must give the contractual amount provided for. Failure to do so will expose the employer to a breach of contract claim.
In order to be eligible for statutory notice of his or her dismissal, an employee must have been employed continuously for at least one month. Where an employee is employed under a fixed-term contract for one month or less, and the contract is extended by periods of one month or less at a time, s.86(4) of the Employment Rights Act 1996 provides that the statutory notice provisions apply if the employee is continuously employed for at least three months.
XpertHR provides answers to more than 1,000 FAQs. But that's not all...
Request a demo today to find out how XpertHR can benefit your organisation