This is an extract of our Wrongful Dismissal I Tutorial document, which we sell as part of our Employment Law Notes collection written by the top tier of University Of Law students.
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Wrongful Dismissal i-Tutorial INTRO
TERMINATI ON OF EMPLOYME NT?Claim based on breach of contract; what does the contract say about termination?
Two main categories of employment contract; fixed and rolling: FIXEDROLLINGSenior employees (lawyers, doctors etc.), 'reasonable' notice period likely to be 3-6 months Very senior employees (MD etc.), 'reasonable' notice period could be as much as 12 months S.86 minimums: Employed for...
1 month 1 week 2 years 2 weeksACTIVITY 1
- STATUTOR Y NOTICEPROVISION S
TERIMATIO N BY AGREEMEN T AND PILONS
SUMMARY DISMISSAL AND EMPLOYEE' s REPUDIAT ORY BREACH
3 years 12 years 40 years????
3 weeks (etc...) 12 weeks (maximum) 12 weeks
1 - 4 weeks less than statutory minimum 2 - contract longer than the statutory provision; longer prevails 3 - same as 2; longer period prevails Parties can always, where such agreement is genuine, agree to end the contract at any time; neither will be in breach and no claim of WD will arise This may arise where: o There is a long notice period (perhaps 6 months or more); in this case the employer may waive the notice period or allow the employee to work a shorter notice period (especially when that employee wants to pursue other employment) o There is a fixed term contract and the project comes to an end earlier than contractually anticipated o The employee agrees to accept a PILON; if the employer for example asks to terminate the contract without notice due to a downturn in business, the employee may accept the termination if given salary for the notice period to which he was entitled; PILONS are quite common and won't give rise to problems as long as (i) the employee genuinely agreed to waive the notice, or (ii) there is a provision in the contract allowing the employer to make such a payment
? There will be no agreement if the employer simply terminates the contract and imposes a payment in lieu of notice without agreement from the employee; in such a case the employer is in breach of contract and a WD claim may result Employer wants to terminate employee's contract immediately as the employee has committed a repudiatory breach of the contract...
Stealing for example; the employer will want to dismiss the employee straight away Dismissal without notice, or without the ending of the fixed term, is known as summary dismissal... if the employee is guilty of repudiatory conduct,
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