Termination in UK Law

Leading Cases
  • Geys v Societe Generale, London Branch
    • Chancery Division
    • 25 Mar 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 May 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
    • 10 Oct 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 Mar 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.

  • Vine v National Dock Labour Board
    • House of Lords
    • 05 Dic 1956

    This is an entirely different situation from the ordinary master and servant case; there, if the master wrongfully dismisses the servant, either summarily or by giving insufficient notice, the employment is effectively terminated, albeit in breach of contract. Here, the removal of the Plaintiff's name from the register being, in law, a nullity, he continued to have the right to be treated as a registered dock worker with all the benefits which, by statute, that status conferred on him.

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Books & Journal Articles
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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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