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Issues to Consider on
Termination of Employment
        Vicky Schollar
           Solicitor
Once Notice Has Been Given

 Has the correct notice been given?

 What to do during an employee’s notice period and
 how to protect the business

 What payments are due on termination?

 What happens once employment has ended?
Notice Periods

 How much?

 Is there a right to pay in lieu?

 What happens to benefits?

 Taxable status of notice payments
Protecting the Business

 Problem with implied terms
 Express terms to consider
  –   Protecting confidential information
  –   Resignation from office
  –   Disclosure of interests
  –   Return of company property
 Restrictive covenants
  – Are they up to date?
  – Are they necessary and enforceable?
  – Offering new restrictions
 Garden leave
Compromise Agreements and Grievances

 Grievances

 Compromise Agreements
  – Why offer?
  – Taxable status of payments
  – What to include

 Without Prejudice Discussions
Housekeeping Issues

 Write to the employee

 Notify payroll

 Update company literature

 Notify Insurers
Once the relationship has ended

 Time limits for claims

 References

 Dealing with overpayments

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Issues to consider on termination of employment

  • 1. Issues to Consider on Termination of Employment Vicky Schollar Solicitor
  • 2. Once Notice Has Been Given Has the correct notice been given? What to do during an employee’s notice period and how to protect the business What payments are due on termination? What happens once employment has ended?
  • 3. Notice Periods How much? Is there a right to pay in lieu? What happens to benefits? Taxable status of notice payments
  • 4. Protecting the Business Problem with implied terms Express terms to consider – Protecting confidential information – Resignation from office – Disclosure of interests – Return of company property Restrictive covenants – Are they up to date? – Are they necessary and enforceable? – Offering new restrictions Garden leave
  • 5. Compromise Agreements and Grievances Grievances Compromise Agreements – Why offer? – Taxable status of payments – What to include Without Prejudice Discussions
  • 6. Housekeeping Issues Write to the employee Notify payroll Update company literature Notify Insurers
  • 7. Once the relationship has ended Time limits for claims References Dealing with overpayments