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Termination of employment can be instigated by an employee, by the employer, by mutual consent, or at the expiry of a fixed term contract.
If an employee is wishing to terminate their contract, they would normally write to their current employer giving a period of notice. The length of this period of notice will be determined by their terms and conditions of their employment.
The main reasons for an employer wishing to terminate employment are for redundancy, capability and qualifications, or conduct including disciplinary. In bringing a contract of employment to a fair conclusion, thereby avoiding claims for unfair or wrongful dismissal, all employers have a duty to follow employment legislation. Munro & Noble can guide an employer through this process.
Where both the employee and employer come to the conclusion that termination by mutual consent is required, it is not unusual for a compromise agreement to be entered into. This agreement is legally binding on both parties. Munro & Noble can advise on the content and structure of a compromise agreement.