Leaving Employment

What is leaving employment? 

One could leave the business for many reasons. It could be a personal objective to move on in one’s career, but sometimes it could be from external pressure—such as the threat of redundancy or dismissal.

What is redundancy? 

Redundancy is a form of dismissal that occurs when an employer has to reduce their workforce. Employees have the right to a proper and fair selection process. Voluntary redundancy is also possible, meaning you offer yourself to be made redundant. The same redundancy rights apply during a TUPE transfer. The new employer must also follow the normal redundancy processes.

What is unfair dismissal?

An employer can dismiss you when they believe you have committed gross misconduct, or shown poor performance. If you believe you have been dismissed by your employer without a fair cause, prior warning, and proper communication, you can claim for unfair dismissal. This is also true of  ‘constructive dismissal’, which is when you feel like you have been pushed to resign due to forceful factors (such as bullying).

What happens to my contract after leaving?

Once you leave your workplace, not all obligations may be terminated. In particular, there could be post-termination restrictive covenants that you agreed to from your former contract. These clauses will prevent you from working for a competitor or taking people from your former workplace.

How can Sharper Labs Legal Team help? 

We can advise you on how to deal with post-termination restrictions when you wish to leave the job.  If you are facing a redundancy process, we will make sure the process is fair (e.g., redundancy pay, a proper notice period and a selection process). If you believe that the redundancy selection has been unfair or discriminatory, including during a TUPE transfer, we can advise you on the next steps such as appeals.  We can also help you receive a fair redundancy pay based on your years of continuous employment and age. If not, we can provide further legal advice.

We can advise you on any other legal complications that may occur between you and your former employer during the process of leaving the business.