In Publicis Consultants UK Ltd v O'Farrell EAT/0430/10, the EAT held that a termination payment calculated by reference to the employee's contractual notice period, but labelled "ex gratia", did not meet the employer's obligation in respect of notice pay.
In Pressure Coolers Ltd v Molloy and others  IRLR 630 EAT, the EAT held that, in circumstances where a dismissal occurred after a TUPE transfer, the transferee was liable for awards for unfair and wrongful dismissal. The fact that the transferor had been in administration did not create a deemed dismissal on the date of transfer in respect of which the Secretary of State became liable to make payments. On the facts, the insolvent transferor had not effected any dismissal.
The Employment Appeal Tribunal has held that employees on sick leave must, to be paid for holiday under the Working Time Regulations 1998, give the required statutory notice during the relevant leave year of their intention to take that holiday.
A model letter confirming termination date and final payments to employee who has resigned.
The Employment Appeal Tribunal has held that a worker absent for the whole leave year, but who does not submit a request for the annual leave before the leave year ends, does not forfeit his or her entitlement to paid annual leave.
The Employment Appeal Tribunal has held that the tribunal was correct to find that a termination payment labelled as "ex gratia" was not pay in lieu of notice.
The Court of Appeal has held that an employee's contract of employment was terminated by the transfer of pay in lieu of notice into his bank account, even though he did not know at the time that this had happened.
A model contract clause on holiday pay on termination for fixed-term employees.
HR and legal information and guidance relating to payments on termination.