Termination
Paranoid delusions may not amount to disability
The last straw: what does it take to break the camel’s back?
HMRC changes to taxation of termination payments
Employment Tribunal entitled to re-label decision to dismiss
In a recent Scottish case, the Court of Session has held that an Employment Tribunal (ET) was entitled to re-label […]
Update – Employer NICs on Termination Awards
On 25 April 2019, the National Insurance Contributions Bill was introduced to Parliament. The Bill deals with the national insurance […]
Kilraine v London Borough of Wandsworth [2018]
A recent case has considered the issue of what amounts to a protected disclosure. In Kilraine v. London Borough of Wandsworth [2018], the Court of Appeal guided Employment Tribunals in such cases to focus on determining whether there was a "protected disclosure" and whether the disclosed information, showed or tended to show that one or more of the six specified types of malpractice had taken place or was likely to take place – for example a breach of a legal obligation.
Notice of termination: are you sure your employee has been dismissed?
It is a common misconception amongst employers that notice of dismissal (or in cases where no notice is given, dismissal […]
Summary Dismissal – Calculating the Effective Date of Termination
In the recent case of Cosmeceuticals Ltd v. Parkin it was held that the effective date of termination (EDT) is not moved if notice is subsequently given following an earlier summary dismissal.
Watch out for 'post employment notice pay'
At the moment contractual payments in lieu of notice are subject to tax and NIC deductions. In the absence of a contractual right to make a payment in lieu of notice, such a payment is generally regarded as damages for breach of contract, and can be paid without deduction of tax up to the £30,000 threshold.
Autumn Budget – employment provisions
The Chancellor has spoken and presented his first Autumn Budget.
Supreme Court rules that embassy staff are not excluded by state immunity
In the recent case of Benkharbouche v. Secretary of State for Foreign & Commonwealth Affairs & Anor the Supreme Court agreed with the EAT and the Court of Appeal and unanimously held that sections 4(2)(b) and 16(1)(a) of the State Immunity Act 1978 (SIA) cannot protect embassies from Employment Tribunal claims brought by domestic staff in the UK.