Episode #17 – Termination: How should employers approach termination?

In this episode, Anne Thompson and Emma Hutchinson review key cases on termination in 2022, focusing in particular on the JCT 2016 form of contract.  This episode gives guidance to employers to help them understand the risks and pitfalls that arise if they deviate from the contract wording on termination.  We cover: where and how to serve notices of termination who has to serve the notices when the notices have to be served what those notices should contain, and what happens if an e...

In this episode, Anne Thompson and Emma Hutchinson review key cases on termination in 2022, focusing in particular on the JCT 2016 form of contract. 

This episode gives guidance to employers to help them understand the risks and pitfalls that arise if they deviate from the contract wording on termination. 

We cover:

• where and how to serve notices of termination
• who has to serve the notices
• when the notices have to be served
• what those notices should contain, and
• what happens if an employer gets a termination notice wrong

To read more about the decisions, please see links to the judgments below:

• Struthers & Anor v Davies (t/a Alistair Davies Building) & Anor [2022] EWHC 333 (TCC) accessible: https://www.bailii.org/ew/cases/EWHC/TCC/2022/333.html
• Thomas Barnes & Sons Plc v Blackburn with Darwen Borough Council [2022] EWHC 2598 (TCC) accessible: https://www.bailii.org/ew/cases/EWHC/TCC/2022/2598.html
• Manor Co Living Ltd v RY Construction Ltd [2022] EWHC 2715 (TCC) accessible: https://www.bailii.org/ew/cases/EWHC/TCC/2022/2715.html