If, having given notice of terminating an employee’s contract of employment an employer changes its mind, can it withdraw this notice?Posted in : First Tuesday Q&A NI on 3 October 2017
Once notice of termination has been given it cannot be withdrawn unilaterally, whether by the employer or the employee. If an employer changes its mind during the notice period, the notice of dismissal still stands unless the employee agrees that it can be withdrawn. In a situation where there is mutual consent, the notice period can also be either shortened or extended at the discretion of the parties.
In cases where an employee rejects an employer’s offer to withdraw a notice of termination as they hope to bring a claim of unfair dismissal against the employer, any damages that the employee may be awarded could be reduced, should a tribunal find that the employee should have accepted the
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Back to Q&A's This article is correct at 03/10/2017
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