Employment Contract Termination

16 Questions

What is a material breach of a provision in a contract?

A breach that goes to the very root of the agreement

What is the main reason for redundancy?

The employer does not need the employee

What happens when an employee resigns from their job?

The employee informs the employer that they will stop working

What is gross misconduct?

A very bad behavior, such as stealing from the employer

What is the usual outcome when an employee is dismissed?

The employee is no longer employed by the company

What is usually received by an employee after retirement?

A pension

What is the purpose of an employer offering training as part of a redundancy deal?

To help the employee find a new career

What is the typical age of retirement in many countries?

65 years old

What is gross misconduct in the context of employment?

Behavior that is completely unacceptable.

What happens when an employee is convicted of an offence?

The conviction appears on the employee's criminal record.

Why do firms often end up bankrupted?

Due to all of the above.

What is a bankruptcy order?

A legal order that extends the length of time a person is subject to bankruptcy restrictions.

Is an employee or job candidate legally obliged to disclose a mental illness to an employer?

No, and it's a very personal thing.

What can happen to an employee who is guilty of gross misconduct?

They will be dismissed without notice.

What can an employee do if they are dismissed on the grounds of gross misconduct?

They can file a claim in an employment tribunal.

What is one reason why an employer might be cautious when hiring someone who has been bankrupt?

Because they may be reckless in business dealings.

Study Notes

Grounds for Termination of Employment Contract

Gross misconduct is a behavior that is completely unacceptable and can lead to dismissal without notice.
Examples of gross misconduct include stealing money from the employer.
If an employee is dismissed due to gross misconduct, they may file a claim against the employer in an employment tribunal.

Conviction of an Offence

A conviction occurs when the court finds an individual guilty or accepts their plea of guilty.
Convictions appear on a criminal record and may be disclosed to employers and other organizations.

Bankruptcy Order

A bankruptcy order is a legal order that extends the length of time an individual is subject to bankruptcy restrictions.
This order can be applied for a period of 2-15 years due to reckless, dishonest, or fraudulent behavior.
A bankruptcy can occur when a firm's products are no longer selling or when there is a wide range of similar products on the market.

Mental Illness and Employment

Employees or job candidates are not legally obliged to disclose any medical condition, including mental illness, to an employer.
Employers cannot ask about an individual's mental health before a job offer is made.

Material Breach of Provision

A material breach is a breach that goes to the very root of the agreement between parties.
In the case of a material breach, the other party can terminate the agreement and seek damages.

Termination of Employment Contract

Resignation

Resignation occurs when an employee informs the employer that they will stop working for the business.

Retirement

Retirement occurs when an employee leaves their job with no intention of working again due to reaching a certain age (often 65).
Retirees receive a pension from the state.

Redundancy

Redundancy occurs when an employee leaves their job because the employer no longer needs them.
This can occur due to business decline or closure.
Employees usually receive a redundancy payment and may be offered training for a new career.

Dismissal

Dismissal occurs when an employer dismisses an employee due to poor performance or behavior.
The employer must follow a specific procedure, unless the employee is guilty of gross misconduct.
Synonyms for dismissal include being fired or sacked.

This quiz covers the grounds for terminating an employment contract, including gross misconduct, conviction of an offence, bankruptcy, mental illness, and material breach of provision.

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