Fentem v Outform EMEA Ltd [2022]

Posted In: Case Law
  • Decision Number
    EAT 36
  • Legal Body
    Employment Appeals Tribunal (EAT)
  • Type of Claim / Jurisdiction
    Dismissal, Contracts of Employment, Pay
Issues covered: Unfair Dismissal; Notice

The claimant resigned having to give nine months’ notice which have meant his employment ending on 16th January 2020.   The respondent invoked a term (pay in lieu of notice) in the contract allowing for the employment to be terminated (following resignation) by paying the salary, excluding bonuses that the claimant would have been due during the remainder of the notice period.  This occurred in December 2019.

The claimant brought a claim for unfair dismissal.  The primary issue was whether the actions of the respondent constituted a dismissal.   At first instance, the Tribunal followed the decision in Marshall (Cambridge) v Hamblin [1994] which stated that

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register today!

Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.

Help understand the ramifications of each important case from NI, GB and Europe

24/7 access to all the content in the Legal Island Vault for research case law and HR issues

Ensure your organisation’s policies and procedures are fully compliant with NI law

Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors

Already a subscriber, now or Register

This article is correct at 18/03/2022

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Jason Elliott BL

The main content of this article was provided by Jason Elliott BL. Email jasondelliott@outlook.com

View all articles by Jason Elliott BL