Editor's message: Every employment relationship will inevitably come to an end at some point, whether the split is amicable (for example retirement or the employee moving on to new pastures) or potentially difficult (as is often the case with dismissal).
The right not to be unfairly dismissed provides a reasonably high degree of protection for employees, with employers needing both to have a fair reason to dismiss - such as redundancy or the employee's misconduct or lack of capability - and to follow a fair procedure. They must also act reasonably in treating the reason as sufficient reason to dismiss.
Following changes to the law in the last decade, the concept of a compulsory retirement age is now limited to the rare circumstances in which this can be justified. Most employees are therefore free to "retire" at any age they choose, simply by giving the required notice of resignation.
Depending on the circumstances in which an individual's employment comes to an end, there will be practicalities for your organisation to consider, including the return of company property, calculating final payments and the option of paying in lieu of notice. In some circumstances - most commonly where the employee has given notice of resignation to work for a competitor - a period of garden leave may be a possibility.
Zuraida Curtis, employment law editor
Updated to include information on FCA policy statements on the extension of the SMR and CR to insurers and to all FCA-authorised firms.
In Patel v Folkestone Nursing Home Ltd, the Court of Appeal held that, by failing to deal with the more serious allegation in the appeal letter, the employer had breached the implied duty to maintain trust and confidence in the employment relationship.
In Talon Engineering Ltd v Smith, the Employment Appeal Tribunal (EAT) held that an employer's refusal to postpone a disciplinary hearing for two weeks to allow the employee's union official to accompany her made her dismissal unfair.
Sports Direct has bought House of Fraser out of administration for £90m.
A nurse who set himself on fire and died after being dismissed from his job was "treated unfairly", according to an independent investigation.
In Patel v Folkestone Nursing Home Ltd, the Court of Appeal held that the effect of a contractual right of appeal against dismissal is that a successful appeal revives the contract and extinguishes the original dismissal.
Updated to include information on City of York Council v Grosset, in which the Court of Appeal confirmed that a dismissal which is in breach of the Equality Act 2010 may still be a fair dismissal.
XpertHR research reveals attrition rates for employers during 2017, covering voluntary resignation and total turnover rates according to organisation size, broad sector and industry.
Almost 350 apprentices employed by collapsed construction giant Carillion will be made redundant after alternative jobs for them were not found.
A deal that would have saved 28 of 59 House of Fraser stores has broken down.
HR and legal information and guidance relating to the end of employment.
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