Case law: Employee who gave longer than contractual notice could not claim constructive dismissal
Employers will welcome a ruling that where an employee gave seven months' notice instead of the contractual minimum notice period of three months, he could not claim constructive dismissal.
This update was published in Legal Alert – July 2014
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An employee of more than 25 years' standing brought a grievance, but was not satisfied with the employer's procedure and appeal. He resigned giving seven months' notice even though his contractual minimum notice period was three months. He brought various claims, including for constructive dismissal.
The employer successfully argued that the employee should be treated as having affirmed his contract of employment, because such a long notice period (during which he continued working and was paid substantial remuneration) was inconsistent with his claim for constructive dismissal. Rather, it was consistent only with the continued existence of his contract.
The Employment Appeal Tribunal dismissed the employee's claim for constructive dismissal.
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