In Witley & District Mens Club v Mackay, the EAT holds that a provision in a collective agreement denying pay in lieu of outstanding holiday entitlement to a worker dismissed for dishonesty, which was incorporated into his contract of employment, was rendered void by the Working Time Regulations 1998.
Where a contract of employment provided that "the employer may make a payment in lieu of notice to the employee" and the employer chose to summarily dismiss the employee without cause or pay in lieu of notice, the employee's claim was for damages for wrongful dismissal, subject to his duty to mitigate his loss, and not for a sum due under the contract, holds the Court of Appeal, by a majority, in Cerberus Software Ltd v Rowley.
The Secretary of State was empowered to make payments out of the National Insurance Fund to employees who became redundant on their employer's insolvency, even though the decision to make the payments was reached on what turned out to be a mistaken view of the law, holds the Court of Appeal in Secretary of State for Trade and Industry and Industry v Lassman and others.
In Secretary of State for Trade and Industry v Walden and another  IRLR 168 EAT, the EAT held that the statutory definition contained in the Employment Rights Act 1996, section 183 is exhaustive in setting out the events that can constitute "insolvency" for the purposes of an employee's claim for certain payments from the Secretary of State.
A term of a contract of employment providing that the employee could be dismissed "with immediate effect" if he missed performance targets did not terminate or exclude his right, under other provisions of the contract, to a payment in lieu of three months' notice, holds the Court of Appeal in T & K Home Improvements Ltd v Skilton.
In Gruber v Silhouette International Schmied GmbH & Co KG, the ECJ rules that Article 141 of the Treaty of Rome does not preclude national legislation under which the termination payment that is made to workers who resign to take care of their children, owing to a lack of childcare facilities, is one half of that received, for the same period of employment, by workers who resign for an important reason related to working conditions or to the employer's conduct.
A clause in a contract of employment providing that the employee could be dismissed with immediate effect, if he failed to achieve his performance target was ambiguous, holds the EAT in T & K Home Improvements Ltd v Skilton, and did not of itself exclude the employee's right to pay for the contractual notice period.
HR and legal information and guidance relating to payments on termination.