Wrongful dismissal occurs where an employee is dismissed in breach of contract. There is no consideration of whether the dismissal was "fair"

All businesses are now operating in uncharted waters. The government is reviewing its support for businesses on an almost daily basis and, last weekend, the Business Secretary announced a proposed relaxation of the law around ‘wrongful trading’ for 3 months (see our guide for more detail) thereby giving directors of otherwise viable businesses space to see whether the package of government incentives will enable them to survive the pandemic. Alok Sharma also announced he was considering other measures, largely based on the government response to the proposed changes to the insolvency regime in 2018.

Often, we are approached by employers and employees to help negotiate the terms of a settlement agreement. Whilst it can be a daunting process, with the right guidance you can achieve the best outcome.

Employees, who have completed two complete continuous years of service with their employer, are entitled not to be dismissed except in certain instances. These certain instances are deemed to be "fair" reasons for dismissal.

In the recent case of McWilliams v Citibank NA the Tribunal looked at the failure of Citibank to provide Ms McWilliams’ data following a Subject Access Request (SAR), and whether this contributed to an unfair dismissal.

For years, zero-hours contracts have come under significant media scrutiny, as the practice continues to divide opinions regarding its perceived benefits.

A settlement agreement (previously known as a compromise agreement) is a legally binding contract between an employee and their employer.

A settlement agreement is a legally binding confidential agreement between an employer and an employee. A settlement agreement is usually coupled with a compensation payment.

"Without prejudice discussion" and "protected conversation" are two phrases often used interchangeably to refer to an off-the-record discussion with employees.

Employers who, as a matter of company policy, refuse to consider job applications from individuals requiring work authorisation for the UK should be aware that such practices could expose them to claims of race discrimination.