What Is a Meet or Release Clause?
A release clause, also called an escape or kick-out clause, is a clause in a purchase contract that allows one party to withdraw under certain. Meet or Release. Except as set forth in this Section , Notis may not sell Product of or for any grower, distributor or manufacturer of Product other than Whole. 5 Choice of practices Each individual buyer may prefer to have a contract that Also, the firm's own meet-or-release clause would not reduce the profit it would.
Less emphasis on the mechanics of how to manage disciplinary issues, grievances and dismissals, and more flexibility to resolve problems at an early stage and in a way that suits you employees and employers best.
Included below also are employee grievance samples of letters templates. Employers particularly must seek local national qualified advice where appropriate when formulating dismissal and grievance policies and when acting in these matters.
- Employment termination, dismissal, redundancy, letters templates and style
- Meet-or-release contract
Employers must use proper employment termination and dismissal procedures to ensure that the process of leaving for the employee is fair, compassionate, professional and legally correct. Organisations are liable to dispute and potentially severe penalties if employment termination is for whatever reason not handled properly. This guide does not deal with the detail of employment law, which varies internationally and over time.
Below is a general and global guide to good practice, within which you as an employer or manager should refer to and apply relevant detailed procedures for your own given situation. There are also links to other useful guides and free resources for employees, employers, trainers and consultants at the end of the article.
This section is updated broadly with major changes in UK law, but should not be regarded as a technically current reference point for matters involving UK employment law, and certainly not outside of the UK.
Employment termination, dismissal, redundancy, letters templates and style
UK-English for certain words appears on this website and sample letters, etc. Please change the spellings for your own situation. The central principles not the process detail for dealing with all of these situations are broadly similar.
Here are the three essential rules for proper employment termination: Ensure you understand and apply the correct legal procedure for your situation. The process doesn't necessarily begin with the termination interview or letter, it can be deemed by a subsequent tribunal, court, review body or process, for example assessing an unfair dismissal or discrimination claim to have begun as early as when the employee was first recruited into the organization.
If employment termination is due to redundancy check with the relevant government department for employment as to the proper procedures and statutory requirements relating to pay and notice periods, etc. Liaise as necessary with trades unions and other interested bodies to understand all of the facts, options and procedures. See more more detail on the employment disputes page.
UK and European laws have changed frequently in these areas, neverthless central principles provide a basis of best practice for other regions of the world in the absence of specific legislation, for example: After the meeting give the employee the employer's decision in writing whether to proceed with the dismissal or other actionand invite employee to make an appeal and attend an appeal meeting. After the appeal meeting the employer must confirm the appeal decision in writing.
A manager of proper authority must attend meetings, and meetings must be at reasonable times and venues, also the employer must not delay unreasonably any of the stages in this process. Concentrate on the facts of the situation, and the clear quantifiable measurements to support these facts. Ensure there is clear indisputable evidence for the facts and figures. This requires good record-keeping to be an essential part of the process, and therefore to also be a part of the management practice of the organization.
Be fair and compassionate. Even in situations involving gross misconduct - remember you are dealing with another human-being who has their own problems, probably now made all the worse because their employment is being terminated. They don't need you to start being vindictive, vengeful or spiteful and nor will any subsequent review process look kindly on any aspects of personally directed behaviour in the employer's handing of the situation. These principles are also a good guide for terminating other forms of supply contracts.
Suppliers come in all shapes and sizes and the separation between the rights of full employee and those of certain other contracted workers, agents, distributors, etc. Sales agents, for example in Europe especially, have extremely strong rights when it comes to termination of contracts and agreements.
Franchisees of all sorts, agency staff, and tenants with tied retail agreements with breweries, are among other worker-supplier groups whose rights have significant implications for 'employers' when terminating contracts and agreements. Always check the law and follow proper process. The consequences for employers and organizations for failing apply correct process when terminating employment or similar contracts are increasingly serious. As a matter of philosophy - always try to part as friends, not enemies.
Nothing is gained by alienating people who already see themselves as victims; negative treatment can prompt them to be vengeful, which does nobody any good at all. Also by keeping employment termination and dismissal letters positive you avoid risk of libel or defamation, which carry potential legal liabilities for the employer, irrespective of the circumstances and process of the dismissal itself.
Sample termination letters and templates Misconduct or unsatisfactory performance There are various situations which cause employment termination.
Meet or Release Sample Clauses
Here is a general template which can be used as a basis for employment termination letters which result from misconduct or unsatisfactory performance. This example assumes that all appropriate steps have been taken by the employer to warn, help, and give suitable time and opportunity to the person to cease the offending behaviour, or to improve their performance, and that a final meeting has taken place at which verbal notification of the dismissal has been given. Sample This is a general example of a termination letter.
Employer must clearly state reasons - transgressions and relevant policies if applicable Employer must clearly state previous warnings, informal, formal, written etc. Clearly state requirements regarding return of documentation, equipment, car, submission of final expenses claims, and any other leaving administration issues.
Meet or Release Sample Clauses
Clearly state actual leaving date, requirement or otherwise to serve period of notice, holiday pay, and other pay and pension details. Clearly state the position regarding the employee's right of appeal, and state the appeal process and timescales. Optional sign-off, for example: Thank you for your past efforts and all the best for your future endeavours. This enables employees to understand clearly the case against them, and also the process and their rights during the disciplinary process, which are central to the principles of the employment dispute regulations.
Optional section at foot of letter, requiring person to sign, confirming receipt of the letter and any attachment sby way of returning a signed copy of this letter. Termination due to redundancy On occasions, employers are forced to make a job position redundant.
Sometimes a number of positions, or even a department or site team have to be made redundant. This results in redundancy for the people who hold the positions, unless alternative roles can be found and agreed. Release clauses are legally binding, but only if the following requirements are met: Both parties must be legally capable of forming a contract. They must be of legal age and sound mind. Both parties must freely consent to the release clause without coercion.
The release clause cannot apply to any illegal action or circumstance. The contract includes an offer and acceptance. The release clause involves the exchange of consideration — payment or exchange of other items or services of value. A release may either be part of a contract or a separate document. Either way, legal remedies will be severely limited.
What Is a Meet or Release Clause?
Release clauses are just as binding as the rest of the contract, and you should consider speaking with an attorney before signing a contract that includes one. An attorney also should be consulted when release clauses are drafted. Such expert advice helps to resolve disagreements that may arise in the future and prevents them from happening in the first place.
Suppliers' Release Clause With a meet-or-release clause, a supplier and customer agree that if the customer finds a better price offered by the supplier's competitor, the supplier must offer the same price or a lower one. Meet-or-release clauses can run into problems with competition laws because they prevent competing suppliers from having the opportunity to earn customers' business. Suppliers can use these clauses as a way to monitor the prices offered by their competitorsresulting in unfair competition.
Other Types of Release Clauses There are many different types of release clauses in use, and they are adapted for a range of purposes. Here are just a few examples of situations in which it may be useful to draft a release clause as a separate agreement or to include it in a contract: When an activity involves a high risk of injury or even death, a release clause will be employed. Examples include extreme sports like hang gliding, parasailing, skydiving, rock climbing, or skiing.
Instructors, property owners, or equipment rentals may ask customers to sign a release so they are not legally liable for any injuries that may occur while the customer participates in the activity. Contractors involved in construction use many different kinds of release clauses to protect themselves from legal liability if a dispute should occur between parties.