Details
A well-established and authoritative analysis of the rules governing termination of employment providing coverage of the statutory and common law rights, as well as procedural considerations
This well-established and authoritative analysis of the rules governing termination of employment provides coverage of the statutory and common law rights, as well as procedural considerations. It also deals with problems beyond termination such as competition from ex-employees, and numerous examples of worked redundancy calculations illustrate how the law operates in practice.
This latest edition has been thoroughly updated to take account of major legislative changes to this area of law including the Employment Act 2002, the Dispute Resolution Regulations 2004, the TUPE Regulations 2006 and the Income Tax (Earnings and Pensions) Act 2003 as well as changes to procedure and a wealth of new case law including Dacas v Brook Street, Lawson v Serco, Johnson v Unisys, and Dunnachie v Kingston upon Hull City Council.
The Law of Termination of Employment is essential reading for all employment lawyers and human resources personnel who require a detailed knowledge of this complicated area of law.
PART I: THE STATUTORY RIGHTS
Preliminary considerations
- Persons entitled and persons liable
- Continuity of employment
- Conciliation
Changes of employer
- Transfer of a trade, business or undertaking
- Other changes of employer
The meaning of dismissal
- The statutory definition of dismissal
- The date of termination
Unfair dismissal: the general rules
- The statutory dispute resolution regulations
- The reason for dismissal
- The procedure used for dismissal
- Human rights
Unfair dismissal: special cases
- Dismissals in connection with union membership or activities and recognition of unions
- Dismissals and industrial action
- Dismissals in health and safety cases
- Dismissals and protected disclosures (‘Whistleblowing Cases')
- Dismissals for assertion of a statutory right
- Dismissals and regulation 7 of the transfer of undertakings (protection of employment) regulations 2006
- Other special cases
Dismissals for redundancy
- The definition of redundancy
- Right of employee to time off
- Unfair dismissal for redundancy
- Claim for redundancy payment
Remedies: re-employment orders and interim relief
- Re-employment orders
- Interim relief
Remedies: compensation
- Redundancy payments
- Compensation for unfair dismissal
- Calculation of a week's pay
PART II: THE COMMON LAW RIGHTS
Wrongful dismissal
- Was the employee dismissed?
- Was the dismissal wrongful?
- The employment tribunal jurisdiction
Remedies for wrongful termination
- Damages
- Other available remedies
PART III: PROCEDURAL CONSIDERATIONS
Limitation periods
- Wrongful dismissal
- Unfair dismissal
- Redundancy Payments
Insolvency
- Insolvency regimes
- Termination of employment and insolvency of the employer
- Restrictions on proceeding against an insolvent employer
- The employee as creditor
- Effect on employer of contracts of employment under different insolvency regimes
- Change of terms by the insolvency practitioner
- Dismissal by an insolvency practitioner
- Bankruptcy of the employee
PART IV: PROBLEMS AFTER TERMINATION
Competition by ex-employees
- The implied duty of loyalty and fidelity
- Express restrictive covenants
- Enforcement
Robert Upex, Barrister; Professor of Law, University of Surrey
Reviews of previous editions
"a significant and authoritative text written with clarity and a genuine academic and practical understanding of the difficult issues involved...an invaluable book for employers and their legal advisers alike and will be of great practical use both in terms of its content and the convenient layout."
Legal Week
"this book packs in everything legal advisers of workers and employers need to know about wrongful and unfair dismissal. It is well structured; the case list enormous and the index is excellent"
Solicitors Journal
"This is an indispensable book for anyone who dabbles in or is involved on a day to day basis with employment law"
SCOLAG Journal
"deals comprehensively with its topic in a reliable ... fashion"
New Law Journal
"comprehensive reference work ... well laid out and has an extensive index. The reader is lead through the complex areas of law in a structured and methodical way ... extremely useful ... well-written, well-researched text book"
Adviser
