Dismissal

New and updated

• Type:

  Employment law manual

  Redundancy

  Updated to include information on Aramark v Fernandes, in which the EAT considered if the failure to put a redundant employee on a bank list was unfair.

• Date:

  19 February 2021

  Type:

  Law reports

  Coronavirus: Constructive dismissal after remote working request denied

  In An Operations Coordinator v A Facilities Management Service Provider, the Workplace Relations Commission in Ireland found that a worker was constructively dismissed when she resigned after she raised concerns about safe working and her employer rejected her request to work remotely during the coronavirus pandemic.

• Date:

  18 February 2021

  Type:

  Law reports

  Constructive dismissal: Manager's practical joke breached contract

  In Hurley v East Sussex Healthcare NHS Trust, an employment tribunal held that the employee had been unfairly constructively dismissed and that the line manager's practical joke was, of itself, sufficient to amount to a fundamental breach of contract.

• Date:

  17 February 2021

  Type:

  Editor's choice

  Settlement discussions: Example structures for pre-termination negotiations

  XpertHR's Policies and documents tool has been enhanced with the addition of example structures of initial settlement discussions related to performance, conduct and redundancy, as well as sample letters to follow up such discussions.

• Type:

  Line manager briefings

  Individual redundancies

  Updated to reflect the removal of the cap on public sector exit payments.

• Type:

  Line manager briefings

  Collective redundancies

  Updated to reflect the removal of the cap on public sector exit payments.

• Type:

  Policies and documents

  Policy on enhanced redundancy payments

  Updated to reflect that the public-sector exit payments cap is removed with immediate effect.

• Type:

  Policies and documents

  Letter confirming employee's dismissal for redundancy (individual consultation)

  Updated to reflect that the public-sector exit payments cap is removed with immediate effect.

• Type:

  Policies and documents

  Form setting out redundancy payment calculation

  Updated to reflect that the public-sector exit payments cap is removed with immediate effect.

• Type:

  Policies and documents

  Example structure of initial settlement discussion during performance improvement procedure

  An example structure for use when holding an initial settlement discussion with an employee who is, or who is about to be, subject to a performance improvement procedure.