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.

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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Honesty is always the best policy when it comes to employee terminations

Sarah Henchoz

While very few line managers relish the prospect of giving employees the hard facts about their poor performance, the latest decision from the EAT in Rawlinson v Brightside is a salutary lesson that dressing up a termination as something else to try and soften the blow is not necessarily the best option and could result Read More

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