benveniste_kingstonEAT2009
EAT CONTRACT OF EMPLOYMENT: Notice and pay in lieu
The employer dismissed the employee with immediate effect but notwithstanding this paid her six months notice. The Claimant argued that by this payment the employer had waived the dismissal without notice and that she was entitled to be compensated for the loss of pension right for that period. The EAT dismissed the appeal and accepted that the test was whether the employer was entitled to dismiss the employee and that there was copious evidence upon which the Employment Tribunal could reach their conclusion.
[2009] UKEAT 0176 – 08 – 1805
Bailii
Employment
Updated: 02 November 2021; Ref: scu.346165