Outer Temple Chambers
8 Experts
4 Contributions by Outer Temple Chambers Experts
PRACTICE NOTES
Dismissal of an employee by their employer
Generally, an employer takes the initiative to end an employee’s employment. In essence, the employer brings the contract of employment to an end through what they say or do. Such action is usually known as an express dismissal. However, there are situations where the employer does not end the contract but acts in a way that allows the employee to resign and argue that, because of the employer’s misconduct, they have effectively been dismissed. A resignation in those circumstances may amount to a constructive dismissal. Here, the resignation is treated as dismissal arising from the employer’s conduct...
Employment
PRACTICE NOTES
Practice Note
This Practice Note outlines the nature of commission arrangements and common methods of calculation. It reviews scheme structures, the need to address written particulars of employment and compliance with the national minimum wage, and whether a scheme is contractual or discretionary.
It also considers employees’ rights to commission during employment, confirms that the Unfair Contract Terms Act 1977 (UCTA 1977) does not apply, and looks at termination rights and the claims an employee might bring. The Note describes the burden of proof in discretion-based disputes, highlights other potential causes of action, and points readers to materials on the taxation of commission.
Many employers—especially those with staff in sales—use commission schemes. Under these arrangements, some or all of an employee’s remuneration is paid as commission rather than basic salary. Commission is generally contingent on sales performance: the greater the sales achieved, the higher the
Employment
PRACTICE NOTES
Pension loss typically arises only when someone has lost their job, together with the related workplace pension benefits linked to that particular position too...
Employment
PRACTICE NOTES
When choosing whom to engage, employers and recruitment agencies commonly request references or conduct other screening—see Practice Note: Pre-employment checks. Such steps are generally entirely lawful. Blacklisting, however, entails deliberately compiling information about trade unionists with the aim of discriminating against them because of their union membership or activities. That form of blacklisting is unlawful under the Employment Relations Act 1999 (Blacklists) Regulations 2010 (Blacklisting Regulations 2010), SI 2010/493.
Meaning of 'prohibited list'
The statutory scheme uses the term ‘prohibited list’, and in various circumstances it is unlawful to compile, use, sell or supply one.
A ‘prohibited list’ is a list that:
contains details of people who:
are or have been members of trade unions, or
are taking part in or have taken part in trade union
Employment
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