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