EAT Employer gave notice of redundancy to expire on 31 May; termination date brought forward to 31 March with payment in lieu in respect of balance of period. ET found application not brought within 3 months of 31 March out of time. Appeal dismissed. The agreed earlier date constituted an implied withdrawal of the earlier notice or – if necessary concluding TBA Industrial Products Ltd v Morland [1982] ICR 686 to be per incuriam (4 NIRC or EAT decisions not having been addressed) and preferring the minority judgment of Ackner LJ – a variation of that notice.
Judges:
The Honourable Mr Justice Burton
Citations:
UKEAT/0990/03, [2004] UKEAT 0990 – 03 – 1503, [2004] IRLR 916
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Wedgewood v Minstergate Hull Ltd EAT 13-Jul-2010
EAT JURISDICTIONAL POINTS – Worker, employee or neither
The Claimant employee was given notice that his contract would expire on 1 December 2008.
By a letter dated 26 November 2008 the Respondent . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 28 July 2022; Ref: scu.347333