Terminating Employment: Before and After - PILON Clauses, Claims, Defences & More
Employers face many challenges in ending an employment relationship. For employees, complex contractual issues then determine the size of any settlement or claim and whether various claims and defences are viable. This course considers in detail pre-termination negotiations, cases on time limits under the early conciliation rules and the new rules on taxation of PILON. It also focuses on the contractual issues which impact on the termination. These include share schemes and bonuses, PILON clauses, difficulties around claims for the manner of dismissal and reputational damage. Contractual claims and counterclaims will also be covered.
Practical guidance will be given on the intricacies in each area, drawing on the latest case law. Through case studies, you will also be invited to engage in a practical way with some tricky issues presented by this type of claim. The course will explore protected conversations, ACAS time limits, PILON clauses, contractual claims and defences.
This course is aimed at employment practitioners (including HR Professionals with employment law background knowledge).
What You Will Learn
This course will cover the following:
Settlement conversations and employee rights: the new law
- Protected settlement conversations
- To what extent have "protected" conversations changed the law?
- Does the exclusion of discrimination nullify the changes?
- The scope of "pre-termination negotiations"
- Latest guidance from the EAT
- Early Conciliation update
- New law on time limits under the EC scheme
- Relationship between matter conciliated and the claim
- Issues relating to notice periods
- PILON clauses and what if there isn't one?
- Are tribunal claims for wrongful dismissal necessary?
- When is there an implied notice period
- How long is reasonable notice?
- The new HMRC taxation rules regarding payments in lieu
- Bonus claims
- The interaction between PILON and bonus
- Can a claim be brought under a non-contractual bonus scheme?
- Discretionary bonus claims after Braganza - the irrational exercise of discretion?
- Claims for commission and bonus occurring after termination
- Other types of employee damages claims:
- Are claims for notice pay off affected by the duty to mitigate?
- Claims for the employee share options
- The exclusion of damages for the manner of dismissal - the impact of the 2012 Supreme Court decision in Edwards v Chesterfield Royal Hospital?
- When can you get damages for injury to reputation?
- Stigma damages following Chagger v Abbey National
- Recent law on express clauses for breach and penalty clauses
- Injunctions sought by employees restraining dismissal
- How do they work?
- How common are they in practice?
- Employer damages claims
- Withholding wages
- Costs incurred as a result of breach
- Wasted management time PHI schemes
Please let us know if you wish to be notified.
Please let us know if you wish to be notified when new dates are added for this programme