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Should a Claimant be successful is his unfair dismissal claim the Tribunal can make an order for re-engagement. This means that the employer must re-employ the Claimant in employment comparable to that form from which he was dismissed or in other suitable employment.
When an employee is made redundant they are entitled to a redundancy payment provided the employee has more than two years service. This can arise in one of two ways:
1. An enhanced redundancy payment under a contract of employment.
2. A statutory redundancy payment
In the latter case the redundancy payment is calculated by reference to the employee’s age and length of service to give a multiplier. This is then used together with a week’s pay to calculate the statutory redundancy payment.
A clause that is in a contract of employment restricting what an employee can do after the termination of employment.
In order to be enforceable they need to be reasonable in length and scope and specific.
Typical restrictive covenants are non solicitation clause preventing the employee from soliciting clients, customers, colleagues and suppliers.
Non competition clauses preventing the employee from joining named competitors or setting up in competition.
Although Bulgaria and Romania are now members of the EEA, the right of their nationals to work in the UK is restricted in comparison to other EEA nationals.
Bulgarian and Romanian nationals have the right to enter and reside in the UK. However, if they wish to work in the UK they will need an accession worker card unless they are exempt and this could involve the employer in applying for a work permit. For more information, including details of the exemptions see here