"Termination can be a costly exercise and it is essential that policies and procedures are in place to ensure that the law is complied with, the outcome is fair to all parties, and there are no repercussions at a later date. This second edition of Termination of Employment is a best practice guide to terminating the employment of an employee for a range of reasons, including poor performance, misconduct, redundancy and restructuring. It examines the new test for justifiability (introduced in 2011) and explains when and how an employer can justifiably dismiss an employee. It discusses appropriate policies that might be adopted and procedures that ought to be followed. It also provides clear case examples of good and bad practice in various employment termination scenarios"--Publisher information."Termination can be a costly exercise and it is essential that policies and procedures are in place to ensure that the law is complied with, the outcome is fair to all parties, and there are no repercussions at a later date. This second edition of Termination of Employment is a best practice guide to terminating the employment of an employee for a range of reasons, including poor performance, misconduct, redundancy and restructuring. It examines the new test for justifiability (introduced in 2011) and explains when and how an employer can justifiably dismiss an employee. It discusses appropriate policies that might be adopted and procedures that ought to be followed. It also provides clear case examples of good and bad practice in various employment termination scenarios."--Publisher information.

The Law of Termination of Employment, now in its sixth edition, is a well-established and authoritative analysis of the rules governing termination of employment. It considers the main causes of action available to employees whose employment is terminated, and presents the law and the relevant issues in a way that will be of real value to those practising in the field. The Law of Termination of Employment provides comprehensive coverage of the applicable statutory and common law regimes, as well as the major procedural considerations. It also deals with problems beyond termination of employment such as competition from ex-employees, and numerous examples of worked redundancy calculations illustrate how the law operates in practice. With over 500 pages of unrivalled guidance on the law of termination of employment, Professor Upex's definitive work is essential reading for all employment lawyers and human resources personnel who require a detailed knowledge of this complicated area of law. Substantially revised and updated, the sixth edition includes: Changes brought about by the Employment Relations Act 1999 and other recent legislation New categories of automatically unfair dismissal Introduction of the right of workers to be accompanied at a grievance or disciplinary hearing, together with a right not to be dismissed for exercising that right Increases in the type of dismissal for which the remedy of interim relief is available Changes to the rules relating to compensation for unfair dismissal Removal of the time limit on the compensatory award in cases of dismissal in health and safety cases and dismissals for whistleblowing Important new cases decided in the European Court of Justice Allen v Amalgamated Construction Co Ltd, Francisco Hernandez Vidal SA v Gomez Perez and Oy Liikennen AB v Liskojorvi and Juntunen on the Acquired Rights Directive Major House of Lords decisions Carmichael v National Power plc on casual workers Murray v Foyle Meats Ltd on the meaning of redundancy Johnson v Unisys Ltd on injury to feelings in wrongful dismissal cases Important Court of Appeal decisions, including Secretary of State for Trade and Industry v Bottrill and Sellars Arenascene Ltd v Connolly on the circumstances in which directors or sole shareholders may be employees Montgomery v Johnson Underwood Ltd on agency workers ECM (Vehicle Delivery Service) Ltd v Cox and ADI (UK) Ltd v Willer in the Transfer of Undertakings Regulations Foley v Post Office on the test of fairness in unfair dismissal cases, following on from the EAT decision in Haddon v van den Bergh Foods Ltd Cerberus Software Ltd v Rowley and other cases involving PILON (pay in lieu of notice) clauses OTHER BOOKS OF INTEREST Disability Discrimination Claims: An Adviser's Handbook Disability Discrimination: Law and Practice

A best practice guide to terminating employment in light of the fair Work Act 2009. Terminating employment can be an emotional and legal minefield, for both the employer and the employee. This guide explains when and how an employer can justifiably terminate employment for a range of reasons, including poor performance and redundancy.

Firing at Will shows managers and employers how to do the most difficult part of their jobs: firing employees. Written by a leading employment lawyer in a refreshingly unlawyerly style, this guide takes the reader through the always-risky process of letting an employee go. Many employers and managers are afraid to pull the trigger when the employment relationship has broken down, and will postpone the decision by using progressive discipline and performance-improvement plans. However, an employer must be able to unload employees who threaten to undermine the company and its prospects, regardless of the risks involved in a termination. This book explains how to do it, how not to do it, and how to minimize the danger of an expensive employee lawsuit. No one said being an employer or a manager was easy. Fortunately, knowing how to fire employees will make your job much, much easier in the long run and save you heartache. Firing at Will teaches you what you need to know, without any legalese or boring recitations of statutes and case law. This book is filled with plain-English common sense, based on Jay Shepherd's 17 years of protecting employers in court. The style is conversational and often irreverent, but the lessons and tips are battle-tested. If you want to be a successful manager or employer—and sleep easier—you need to know how to fire at will. Gives employers and managers real-world advice on how to fire employees Teaches how to keep your company—and yourself—out of expensive employee lawsuits Guides you toward building a workplace where you'll need to fire fewer employees