Termination in UK Law

Leading Cases
  • Geys v Societe Generale, London Branch
    • Chancery Division
    • 25 Março 2010

    It seems to me that there are differences between the two kinds of payment in dispute such that they fall on opposite sides of the line. Taking first the payment provided for in clause 5.15(a) which is the first part of the Termination Payment, this relates to sums which already constitute awards that have been made to the claimant under the FISS, albeit that under the arrangements governing deferral the money has been retained by the Bank and not yet released.

    It is at the second stage that the Bank's argument in my view goes wrong. According to the Bank, the effect of paragraph 7(e)(i) of Schedule 1 is to make the claimant's entitlement to the payments to be given to him under the termination agreement conditional on his having refrained from issuing or pursuing proceedings against the Bank since the Termination Date (my emphasis).

    I see nothing self-evidently logical about an arrangement of such a kind. Suppose, for example, that the Bank was in breach of the tax efficiency obligation during the period of the contract with the result that the claimant has suffered loss and has a good claim for damages.

  • Tsg Building Services Plc v South Anglia Housing Ltd
    • Queen's Bench Division (Technology and Construction Court)
    • 08 Maio 2013

    The parties had gone as far as they wanted in expressing terms in Clause 1.1 about how they were to work together in a spirit of "trust fairness and mutual cooperation" and to act reasonably. Even if there was some implied term of good faith, it would not and could not circumscribe or restrict what the parties had expressly agreed in Clause 13.3, which was in effect that either of them for no, good or bad reason could terminate at any time before the term of four years was completed.

  • Rock Refrigeration Ltd v Jones
    • Court of Appeal (Civil Division)
    • 10 Outubro 1996

    In my judgment negative restraints agreed to apply after the termination of employment should not be equated with the primary obligations that are discharged when a contract of employment is terminated consequent upon repudiation. I think it at least arguable that, having regard to the subsequent development of this area of the law, not every restrictive covenant will be discharged upon a repudiatory termination of the employment.

  • Tullett Prebon Plc and Others v BGC Brokers LP and Others
    • Queen's Bench Division
    • 18 Março 2010

    Where the court considers that the period for which the employer is entitled to protection ends during the time for which the employee may be on garden leave, it will enforce the garden leave provision for that period, and will decline to enforce any enforceable post termination restriction.

  • Delaney v Staples (trading as De Montfort Recruitment)
    • House of Lords
    • 12 Março 1992

    (1) An employer gives proper notice of termination to his employee, tells the employee that he need not work until the termination date and gives him the wages attributable to the notice period in a lump sum. In this case (commonly call "garden leave") there is no breach of contract by the employer. The employment continues until the expiry of the notice: the lump sum payment is simply advance payment of wages.

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Books & Journal Articles
  • War Termination
    • Nbr. 33-4, November 1996
    • Journal of Peace Research
    War termination, a critical aspect of war, is central to understanding the war process as a whole. Yet, this field of study, which is concerned with how wars can be brought to an end once they have...
  • The Succession of Policy Termination
    • Nbr. 13-1, March 1993
    • Teaching Public Administration
  • Ratification Processes and Conflict Termination
    • Nbr. 35-2, March 1998
    • Journal of Peace Research
    Three sets of assumptions about elite and constituent relations prevail in approaches to conflict termination. The `Interest-based', `Identity-based', and `Timing' approaches offer important insigh...
  • Causal beliefs and war termination
    • Nbr. 55-1, January 2018
    • Journal of Peace Research
    This article analyzes the length of interstate wars and the process of reaching a mutually acceptable bargaining solution. Rational choice scholarship has mainly sought to explain long wars in term...
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Law Firm Commentaries
  • Termination Payments - Changes to the taxation of UK termination payments
    • JD Supra United Kingdom
    In this OnPoint, we report on two changes to the taxation of termination payments to departing employees of which employers need to be aware – first, the levying with effect from 6 April 2020 of em...
  • Salary Sacrifice and Termination Payments
    • LexBlog United Kingdom
    Amongst a number of announcements relating to employment taxes in today’s UK Autumn Statement, forthcoming changes to the tax treatment of salary sacrifice and employee termination payments were co...
  • Good Faith and Contract Termination
    • JD Supra United Kingdom
    Deciding whether to terminate a contract, whether at common law for an alleged repudiatory breach or under a specific term in the agreement, is rarely easy. Get it wrong and you may be in breach yo...
  • Employers Beware: Post-termination Whistleblowing
    • JD Supra United Kingdom
    In the recent case of Onyango v. Berkeley Solicitors, the UK Employment Appeal Tribunal ruled that an employee was allowed to bring a ‘whistleblowing’ claim relating to a protected disclosure that ...
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Forms
  • Chapter EIM12815
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ...... Sections 401 and 63 ITEPA 2003 It is common for benefits provided to employees during employment to continue beyond the date of termination, usually by a specific agreement made at the time. For example, an employee provided with private use of a car may, as part of the termination ......
  • Chapter IPTM7220
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    .... . . Termination events. Where an ISA manager discovers an ISA holding a life policy to be void, for instancebecause subscription limits have been breached, then this ......
  • Chapter EIM13878
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    .... . . With effect from 6 April 2018, some termination payments and benefits are chargeable to income tax as general earnings and do not benefit from the £30,000 threshold available in section 403 ITEPA ......
  • Chapter EIM14000
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ......However, the employment contract provides for a notice period of 2 weeks on termination of the employment. It also includes a clause which provides for a contractual PILON of £5,000 if notice under the contract is not given. The ......
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