In order to constitute a dismissal, a party to an employment contract must communicate to the other the termination of the contract. Employees unhappy with their work regularly walk out, only to return later. Composing a letter of resignation but not sending it, did not communicate any intention to resign, and the questions of constructive dismissal must be decided accordingly.
Gazette 29-Sep-1999, (1999) IRLR 456, [1999] UKEAT 698 – 98 – 0103
Bailii
England and Wales
Cited by:
Cited – Newcastle Upon Tyne Hospitals NHS Foundation Trust v Haywood SC 25-Apr-2018
Notice of dismissal begins when received by worker
The court was asked: ‘If an employee is dismissed on written notice posted to his home address, when does the notice period begin to run? Is it when the letter would have been delivered in the ordinary course of post? Or when it was in fact . .
Lists of cited by and citing cases may be incomplete.
Updated: 30 July 2021; Ref: scu.204946