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Article

Kennedys Law LLP | United Kingdom | 27 Jul 2011

“Ex gratia” termination payments: getting the label right

The EAT recently handed down its decision in the case of Publicis Consultants v O’Farrell, in which the employer (“Publicis”) was found to be in breach of contract in respect of a failure to pay notice pay to a departing employee, even though it had in fact made payment of an equivalent sum of money to the employee

Article

Kennedys Law LLP | United Kingdom | 30 Jul 2010

No incorporation of terms of a collective agreement into a contract of employment

In the recent case of Worrall v Wilmott Dixon Partnerships Limited , the Employment Appeal Tribunal (EAT) held that terms in collective agreements will not be incorporated into an employee's contract of employment unless they are agreed or specifically brought to the employee's attention.

Article

Kennedys Law LLP | United Kingdom | 31 Mar 2010

Employers may reserve the right to unilaterally amend employees' contracts of employment

The general position in employment law is that an employer may not vary an employee's terms and conditions without first obtaining the employee's express consent to the variation.

Article

Kennedys Law LLP | United Kingdom | 12 May 2009

Effective date of termination was when employer stopped paying salary

Back in November we reported the case of Radecki v Kirklees Metropolitan Borough Council where the EAT held that the removal of Mr Radecki from the Council's payroll, even with his knowledge and arguably his consent, did not in itself terminate the employment relationship.

Article

Kennedys Law LLP | United Kingdom | 6 Mar 2009

Invitations to dismissal hearings must specifically state that dismissal is contemplated

The EAT has stressed the importance of expressly stating the fact that dismissal is contemplated in step 1 letters pursuant to the statutory dismissal and disciplinary procedures.

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