Contents tagged with Notice Pay
Employees on maternity leave have special legal rights and protections and so before making such employees redundant you must tread very carefully and be aware of the following five things. Otherwise you could risk facing a costly claim.
Genuine Redundancy Situation
You must be able to prove that there is a genuine need to reduce your headcount. If the real reason you want to dismiss your employee is because she has had a baby or is on maternity leave, you will be discriminating against her and could face a discrimination claim. So, you must have evidence to prove why you need to make redundancies.
Fair Selection Process
You must choose who you are going to select for redundancy fairly and reasonably. This means you must choose a reasonable selection pool and apply fair, … more
Giving notice to quit employment while often a simple act, can sometimes lead to disputes between the outgoing employee and their soon to be former employer. The logic to this is simply that one is trying to leave, preferably as soon as possible, while the other is now having to fill the gap left by the leaver and requires time in order to fill said gap.
The concept of ‘notice jumping’, though it means a breach of contract on the part of the leaving employee, is nothing new and happens every day in practice. The core question often put to us by employers is what can they do about it?
The recent Employment Appeals Tribunal (EAT) case of Yizhen Li v First Marine Solutions gives some assistance in answering this question in limited circumstances.
Miss Li was employed as an … more
Wrongful dismissal is a dismissal in breach of contract. The fairness of the dismissal does not come into play here, merely whether the dismissal was in accordance with the contract of employment. … more