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Effective Date of Termination – Employee’s Resignation

You may remember that we wrote about the effective date of termination towards the end of 2011 in the context of employers giving notice of termination to their employees. The underlying message of the case that featured within that article was that once notice of resignation or dismissal has been given, it cannot be withdrawn except by consent unless there are “special circumstances”.  ……….

Since that article, there has been the case of Horwood v Lincoln County Council which involved claims for constructive unfair dismissal and unlawful deduction of wages. The claims were held to be out of time because they were not brought within 3 months of the termination date and so could not be heard by the tribunal.

On appeal, one of the key questions was when the effective date of termination was where the employee had unequivocally resigned on one date, with immediate effect, and her employer subsequently informed her that her resignation would be taken as commencing on a later late, essentially for administrative purposes, and the employee then proceeded on the basis that the termination date was that later date.

The Employment Appeal Tribunal held that the employee had provided a clear letter of resignation and as such, the employer could not unilaterally alter this date.

This case has highlighted some key points to note where a dismissal or resignation is given without notice:

Employers should therefore not seek to alter an employee’s termination date in circumstances where the employee has resigned without notice and has been clear that this is their intention.

If you would like any further advice on handling employees’ resignations, please contact Rachael Jessop using the contact information below.

 

Contact Information

Rachael Jessop, Solicitor

rachael@floydgraham.co.uk

+ 44 (0) 1604 871143

This update is for general guidance only and does not constitute definitive advice.

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Updated: by FG Solicitors
Call us on:  0808 172 93 22

EFFECTIVE DATE OF TERMINATION € EMPLOYEE€S RESIGNATION

You may remember that we wrote about the effective date of termination towards the end of 2011 in the context of employers giving notice of termination to their employees. The underlying message of the case that featured within that article was that once notice of resignation or dismissal has been given, it cannot be withdrawn except by consent unless there are “special circumstances”.  ……….

Since that article, there has been the case of Horwood v Lincoln County Council which involved claims for constructive unfair dismissal and unlawful deduction of wages. The claims were held to be out of time because they were not brought within 3 months of the termination date and so could not be heard by the tribunal.

On appeal, one of the key questions was when the effective date of termination was where the employee had unequivocally resigned on one date, with immediate effect, and her employer subsequently informed her that her resignation would be taken as commencing on a later late, essentially for administrative purposes, and the employee then proceeded on the basis that the termination date was that later date.

The Employment Appeal Tribunal held that the employee had provided a clear letter of resignation and as such, the employer could not unilaterally alter this date.

This case has highlighted some key points to note where a dismissal or resignation is given without notice:

  • Where an employee resigns in writing and it is clear from the letter that the resignation is immediate, the resignation is effective as soon as the letter has been opened.
  • Agreements to vary an effective date of termination are limited to specific cases where the parties expressly agree to bring forward an anticipated effective date of termination.

Employers should therefore not seek to alter an employee’s termination date in circumstances where the employee has resigned without notice and has been clear that this is their intention.

If you would like any further advice on handling employees’ resignations, please contact Rachael Jessop using the contact information below.

 

Contact Information

Rachael Jessop, Solicitor

rachael@floydgraham.co.uk

+ 44 (0) 1604 871143

This update is for general guidance only and does not constitute definitive advice.