Can An Employee Withdraw Their Notice To Resign? No, was the decision in English v. Manulife Financial Corporation, 2018 ONSC 5135 (English).
Employees are entitled to resign from their position by giving their employer notice. Read my Top Tips to what steps you should take immediately following receipt of the resignation and download my letter to confirm receipt and acceptance of the resignation.
How To Deal With A Verbal Resignation Verbal resignations given in the ‘heat of the moment’ should never be accepted as there have been many unfair dismissal cases won on these grounds. If the employee was angry or upset,
The Government has prepared draft legislation to implement a new taxation regime for termination payments from April 2018. The key changes will be achieved by amending the termination payment legislation in the Income Tax (Earnings and Pensions) Act 2003.
The Government has invited views on the draft legislation by 5 October 2016.
Settlement Agreement are legally binding agreements in which the employee agrees not to pursue any claim they may have to an employment tribunal and in return the employer usually provides a severance payment. Notice, as outlined in the contract of employment, is usually included in the agreement and generally provides for a “payment in lieu”.
Read my Top Tips to the terms a settlement agreement should contain.
New trigger for collective redundancy consultation
The Employment Appeal Tribunal has held that the trigger for collective consultation is 20 or more redundancies across the employer’s business rather than by reference to each of the employer’s sites (or “establishments”).
Until a few years ago, with the exception of certain roles within the Financial Services industry there was no legal requirement to provide a reference for a former employee, unless the contract of employment specifically entitled them to one, however following a number of high profile cases all this changed and now all requests for references should be treated equally and the content should be given careful consideration.
Read my Top Tips to providing accurate references for your ex-employees.
A judgment handed down at the Supreme Court has left the door open for allowing businesses to set their own retirement age for staff but only if the reasons for doing so meet both their own and public policy objectives.
In the case of Capita Hartshead Limited v Ms Byard, Ms Byard was employed by Hartshead as an actuary. The number of her clients diminished so she was not left with enough work for a full-time role. This reduction was not due to Ms Byard’s performance but because some of the pension schemes she worked on had been wound up or Hartshead had lost the client.
This is the third in a series of articles discussing Fair Reasons for Dismissal and Unfair Dismissal. For a dismissal to be fair it must be based on one of five reasons, the second article discussed the Fair Process for a Misconduct Dismissal and this article I take a brief look at the remaining four reasons.