Details
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 worked calculations of compensation in unfair dismissal cases illustrate how the law operates in practice.
The new edition of The Law of Termination of Employment has been thoroughly updated to take account of major developments in law and practice, including:
- The demise of the statutory grievance and disciplinary procedures and their replacement with the ACAS Code
- The introduction of Agency Workers Regulations
- The new costs regime and relevant case-law
- Future developments such as the Government’s consultation on raising/reviving continuity two years qualifying period and Tribunal reform
Throughout the text, recent case-law is analysed, including the definition of employee (Autoclenz and Muschett) and dismissal (Willoughby v CF Capital plc), constructive dismissal (Hunter v Timber Components), and fairness of the dismissal (City of Edinburgh Council v Dickson).
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.
Preface
Introduction
Table of Cases
Table of Statutes
Table of Statutory Instruments
Part I: The Statutory Rights
- Preliminary Considerations
- Changes of Employer
- The Meaning of Dismissal
- Unfair Dismissal: The General Rules
- Unfair Dismissal: Special Cases
- Dismissals for Redundancy
- Remedies: Re-Employment Orders and Interim Relief
- Remedies: Compensation
Part II: The Common Law Rights
- Wrongful Dismissal
- Remedies for Wrongful Termination
Part III: Procedural Considerations
- Limitation Periods
- Insolvency
Part IV: Problems after Termination
- Competition by Ex-Employees
- References
- Costs in the Employment Tribunal
Index
Robert Upex MA LLM ACIArb FRSA
Of the Middle Temple, Barrister (Old Square Chambers);
Emeritus Professor of Law at the University of Surrey;
Sometime Chairman of the Employment Tribunals for England and
Wales (part time)
Stephen Hardy LLB PhD
Of Lincoln’s Inn, Barrister (9 St John Street);
Regional Treasury Panel Counsel;
Approved Counsel of the Equality Human Rights Commission;
Fee Paid Judge of the First Tier Tribunal (Social Enterprise Chamber)
"the beauty of this work for the practitioner remains the extensive level of detail contained in what is a reasonably short work with its meticulous footnoting throughout and serious attention to detail with the more recent cases...one of the greatest assets of this new edition is the key case law selected by the authors. Of particular interest will be consideration of the Court of Appeal's decision in Aegon during the current economic situation where the elements of calculation and any pension losses are considered...the book does remain a 'cure-all' statement of law for practitioners and human resource managers whether they are advising employers or employees...it enables such professionals to decide what claims might be available to a dismissed employee, the types of remedy available, and the levels of compensation which can be currently awarded in less than 500 pages, yet with the attention to detail which we need when advising clients just before a hearing"
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
"The Law of Terminaton of Employment is mainly aimed at both legal practitoners and HR managers advising either employers or employees. It enables the knowledgeable reader to determine eventual claims of a dismissed employee as well as possible remedies and levels of compensations likely to be awarded...This authoritative book provides detailed information essential for any professional concerned with termination of employment" German-British Chamber of Indusrty & Commerce
Reviews of previous editions of The Law of Termination of Employment
“Constitutes a significant and authoritative text written with clarity and a genuine academic and practical understanding of the difficult issues involved” Legal Week
“Packs in everything legal advisers of workers and employers need to know about wrongful and unfair dismissal…well structured…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
