Termination of employment

Welcome to Allen & Overy’s Employment Talk blog, sharing with you our views and insights on the end of the employment relationship, be it resignation, dismissal or as a result of performance management, and any subsequent litigation, including unfair dismissal, constructive dismissal and wrongful dismissal.

Post-lockdown redundancies: pay attention to pensions! Part 2

Helen Powell

This is the second of our blog posts looking at the pensions implications on redundancies. It focuses on the pitfalls that can trip up employers and trustees when there are redundancies on the horizon and takes you through some practical points to help shape your preparation. Previous blogs on Redundancy Post-lockdown redundancies: pay attention to Read More

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Post-lockdown redundancies: pay attention to pensions! Part 1

Helen Powell

The next blog in our redundancy series focuses on the pensions implications. Jessica Kerslake from our pensions team encourages employers and pension trustees to consider the potential pensions implications at the outset. Good preparation can help to avoid legal and practical pitfalls. This post looks at two key cost issues: whether an employer debt could Read More

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Redundancy and “bumping”

Hannah Crisp

In the third in the series of blog posts on redundancy, I am looking at the notion of “bumping” which is where an employer “bumps” an employee whose role is at risk of redundancy into another employee’s role. Bumping can be confusing for both employers and employees, and is often met with a lot of Read More

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Navigating redundancy risks in the wake of Covid-19

Vicky Wickremeratne

Business headlines have made for sorry reading over the past few weeks as large corporates, including high street giants, global manufacturers and tech businesses, have announced plans for job cuts in the wake of Covid-19. For some, these restructurings may have been contemplated since earlier in the year in response to Brexit, but are now Read More

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Is a dismissal without following a prior process always unfair?

David Merlin-Jones and Abigail Holmes

Not always. A fair process is a prerequisite for a fair dismissal, but in exceptional circumstances an employer can dispense with the process and still dismiss fairly, the EAT has confirmed in a ruling handed down this week. While fact-specific and therefore to be treated with caution, this could prove useful for employers managing or Read More

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PILONs: Taxing times

Felicity Gemson

When planning to make termination payments to departing employees, you’ll need to build in extra steps, and potentially extra budget, to comply with new tax changes. Get yourself a strong cuppa – and a calculator – in readiness for this whistle-stop tour of the key points. PILONs may cost more Under the new rules, all Read More

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Regulator gets tough on the inappropriate use of NDAs

Karen Seward

#Timesup has been called on the inappropriate use of NDAs to silence victims of sexual harassment or other conduct that might otherwise be reported to regulators or the police. In an unusual move, the Solicitors Regulation Authority (SRA) has issued a warning to law firms and solicitors that it will be tough on those who Read More

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