There are many different reasons for someone leaving your employment - from resignation,
to dismissals on grounds of ill-health, misconduct, poor performance, redundancy
or the expiry of a fixed-term contract, to TUPE or retirement - and, rarely but sadly, death in service.
Use our guides to ensure that you follow a fair process, and are aware of any relevant legal
implications. Also see below for what's new!
Managing leavers
Exit interviews
References
Notice periods
Dismissal
Step by step redundancy
Redundancy
Redundancy pay - ready-reckoner
Retirement
Transfer of Undertakings (Protection of Earnings) Regulations (TUPE)
Death in service
Employment tribunals
Tribunal claims
Compromise agreements
Leaver and dismissal documents
What's new?
The statutory dismissal procedures are expected to go in April
2009 and will be replaced with a new ACAS Code of Practice. The new draft code
and its associated guidance have been published. Consultation ends on 25 July.
See discipline.
ACAS has announced that it will now ignore the fixed periods of
conciliation and will conciliate irrespective of whether the fixed periods have expired.
Until the outcome of the "Heyday" case is known - probably in 2009 - claims
relating to dismissal at the statutory retirement age of 65 are currently "stayed"
(put on hold). The Heyday case challenges our compulsory retirement age.
The CIPD/KPMG Labour Market Outlook survey found that 38% of employers
intend to make some redundancies this quarter. If you are contemplating such
dismissals, do note that the scope of collective consultation has been broadened -
see our legal overview on redundancy.
