The Law of Termination of Employment, 7th edition

Name: The Law of Termination of Employment, 7th edition
Brand: LexisNexis U.K.
SKU: 9781846610073
Price: 1142.76 HKD
Availability: OutOfStock
Author: Robert Upex
ISBN: 9781846610073

By Robert Upex

LexisNexis U.K. May 2006

Specifications

ISBN-13: 9781846610073
Publisher: LexisNexis U.K.
Publication: May 2006
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

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

About the Author

Robert Upex, Barrister; Professor of Law, University of Surrey

Reviews

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