Change Of Control Clause

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A contractual provision which gives a party to an agreement enhanced protection if the controlling shareholding of the other party is transferred. In commercial contracts a change of control clause will often give the party who is not subject to a change in ownership the right to terminate the agreement in the event of a change of control of the …

Collective Redundancies

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Redundancies of 20 or more employees at an establishment in a period of 90 days or less. Before making these redundancies, the employer must consult on its proposal with representatives of the affected employees and also notify BEIS.

Compensatory Award

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The second element of compensation payable to an employee found to have been unfairly dismissed by an employment tribunal (along with the basic award). The amount of the compensatory award will, subject to a statutory limit, be such amount as the tribunal considers just and equitable in all the circumstances, having regard to the loss sustained by the employee because …

Compensatory Damages

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Also known as substantial damages. Damages awarded in respect of the actual losses suffered by the claimant. Their purpose is to compensate the claimant for pecuniary and non-pecuniary losses. Pecuniary losses generally include the gains prevented by the breach of contract or tort, expenses caused by the breach of contract or tort and expenses rendered futile by the breach of …

Conduct

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One of the potentially fair reasons for dismissal under section 98 of the ERA 1996 which the employer must establish to show that an employee was not unfairly dismissed. Misconduct may be either a single act of serious misconduct or a series of acts that are less serious. For a dismissal to be fair on the grounds of conduct, it …