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It is sometimes unclear when a contract of employment has come to an end. In the recent case of "Heaven v Whitbread Group plc", the claimant wrote to his employer on 29 August: 'I tender my resignation... [but] this is dependent on two factors... [that I get] one month's money and a glowing reference'.
It is sometimes unclear when a contract of employment has come
to an end.
In the recent case of Heaven v Whitbread Group plc, the
claimant wrote to his employer on 29 August: 'I tender my
resignation... [but] this is dependent on two factors... [that I
get] one month's money and a glowing reference'.
On 31 August, the employer wrote back, saying, in effect, that
it could not accept a conditional resignation and it was for the
claimant to decide whether he wished to stay on or go.
On 3 September, the claimant emailed back that he had 'no
alternative but to resign' and confirmed that his resignation
was effective from 29 August.
Because a conditional resignation is ineffective to terminate a
contract of employment, the EAT confirmed that the contract was in
fact terminated on 3 September, despite what the claimant himself
said in his resignation letter.
Points to Note –
The 'effective date of termination' matters because
unfair dismissal claims must be brought within three months of that
date.
The definition is given in the Employment Rights Act 1996
and depends on what has actually happened between the parties, not
what they may agree to treat as having happened.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
