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Drafting checklist for claim or response—statutory redundancy payment

Drafting checklist for claim or response—statutory redundancy payment Both parties • Was the Claimant an employee? See Practice Note: Entitlement to statutory redundancy payment—Is the worker an employee—eligibility • Was the Claimant an office holder deemed to be an employee? • Does the Claimant fall within a category of worker excluded from the right to a redundancy payment? See Practice Note: Entitlement to statutory redundancy payment—Is the worker an employee—excluded employees • Was the Claimant an employee dismissed whilst an exemption order was in force? • Was the Claimant dismissed for misconduct without notice or with short notice? If not, was the Respondent entitled to dismiss the Claimant without notice and did the Respondent give the Claimant a notice in writing to that effect? • Was the Claimant dismissed for taking part in a strike? • Did the Claimant give notice to the Respondent that he intended to leave before the end of his notice period, having been given notice of dismissal for redundancy? Did the Respondent serve...

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Gross misconduct

Gross misconduct is behaviour by an employee which is so bad that the employer cannot be expected to employ the employee any longer. It must be a fundamental breach—a breach going to the heart of the contract.The misconduct must be gross (ie extreme, or abnormal) and culpable (blameworthy). It will be conduct which is incompatible with the employee's duties of fidelity, trust and confidence. This could be an act of dishonesty or an action intended to damage the employer's interests. It could also be a series of acts which are aggregated together to be of sufficient gravity to amount to a breach of trust and confidence (see Practice Note: The term of trust and confidence).It should be noted that actively dishonest behaviour is distinct from not disclosing wrongdoing. In Gittens, the EAT held that by making untruthful statements to their employer designed to cover up their own wrongdoing, an employee may commit gross misconduct, justifying their summary dismissal, even though that employee may have no proactive, positive duty to self-report...

Effective date of termination

The ‘effective date of termination' (EDT) is important in the context of unfair dismissal for the following reasons:•an employee is usually only entitled to bring an unfair dismissal claim if they have the qualifying period of continuous employment, ending with the EDT (see Practice Notes: Entitlement to claim unfair dismissal and Qualifying period for unfair dismissal)•the period of continuous employment (ending with the EDT) is an element of the calculation of the unfair dismissal basic award (see Practice Note: The basic award)•the unfair dismissal compensatory award is calculated from the date immediately following the EDT (see Practice Note: The unfair dismissal compensatory award)•an employee’s unfair dismissal claim will usually have to be presented to the employment tribunal within a period of three months calculated by reference to the EDT (see Practice Note: Unfair dismissal time limit)•an employee is usually only entitled to request a written statement of reasons for dismissal if they have the qualifying period of continuous employment, ending with the EDT (see Practice Note: Written statement of reasons...

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Fraud risk management training materials—post-training assessment questions

Fraud risk management training materials—post-training assessment questions How to use this test These questions are designed to test your understanding following training on fraud risk management. After you have completed this test, please return it to [insert name]. General Name of person completing test [Insert name] Role [Insert role] Date [Insert date] Multiple choice questions Circle the correct answer. Question Multiple choice answers 1. What is fraud? (a) Soliciting or accepting a bribe(b) A crime that involves deception or theft to gain an advantage(c) Exercising powers of ownership over a person 2. How can a company commit the failure to prevent fraud offence under the Economic Crime and Corporate Transparency Act 2023? (a) By not having reasonable measures in place(b) By having reasonable measures in place(c) By not having reasonable measures in place because the risk was very low 3. The only relevant defence to a failure to prevent fraud charge, is that [insert organisation name] had reasonable prevention procedures in place, or that it was not...

Policy—data protection

Policy—data protection You must read this policy because it gives important information about: • the data protection principles with which the Company must comply; • what is meant by personal data (or information) and special category data (or information); • how we gather, use and (ultimately) delete personal data and special category data in accordance with the data protection principles; • where more detailed privacy information can be found, eg about the personal data we gather and use about you, how it is used, stored and transferred, for what purposes, the steps taken to keep that data secure and for how long it is kept; • your rights and obligations in relation to data protection; and • the consequences of failure to comply with this policy. Once you have read and understood this policy, please confirm you that have done so by signing and returning the attached copy to [the data protection officer OR [insert job title or department]]. 1 Introduction 1.1 The Company obtains, keeps and...