Termination in UK Law
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Geys v Societe Generale, London Branch
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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.
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Tsg Building Services Plc v South Anglia Housing Ltd
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Rock Refrigeration Ltd v Jones
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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.
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Tullett Prebon Plc and Others v BGC Brokers LP and Others
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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.
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Delaney v Staples (trading as De Montfort Recruitment)
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(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.
- Local Government (Termination of Reviews) Act 1967
- National Insurance Contributions (Termination Awards and Sporting Testimonials) Act 2019
- The Consumer Credit (Enforcement, Default and Termination Notices) (Coronavirus) (Amendment) Regulations 2020
- The Immigration (Residential Accommodation) (Termination of Residential Tenancy Agreements) (Guidance etc.) Regulations 2016
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War Termination
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...
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Ratification Processes and Conflict Termination
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...
- Central banks and civil war termination
- Central banks and civil war termination
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Termination Payments - Changes to the taxation of UK termination payments
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...
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Salary Sacrifice and Termination Payments
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...
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Good Faith and Contract Termination
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...
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Employers Beware: Post-termination Whistleblowing
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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Application to the tribunal by a park homes site residents' association for an order recognising the applicant as a qualifying association
Forms relating to park homes including termination of an agreement.
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Application by occupier of a park home or a park home site owner for a determination of any question arising under the Mobile Homes Act 1983 or agreement to which it applies
Forms relating to park homes including termination of an agreement.
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Application under regulation 17 of the Mobile Homes (Site Rules) (England) Regulations 2014
Forms relating to park homes including termination of an agreement.
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Application by site owner for a determination that having regard to its condition a park home is having a detrimental effect on the amenity of the site
Forms relating to park homes including termination of an agreement.... ... it will still be necessary for a court on application to be satisfied that it is reasonable for the agreement to be terminated before termination by the site owner is permitted by the court. [Note that exceptionally where there is a pre-dispute arbitration agreement the application for a ... ...