The ‘backstop’ option of no-fault termination
Two recent court cases highlight inconsistencies in the treatment of no-fault dismissals of employees
Employment lawyers have long considered the no-fault termination on notice to be the ‘backstop’ option when dismissing employees. If a disciplinary procedure was flawed, for example, the employer could always rely on the backstop option of terminating the employee’s contract in accordance with their contract on notice.
Traditionally, it was considered that a decision to terminate in this way could be made for a good reason, no reason or even a bad reason.
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