Contract of Employment – Notice and Pay In Lieu – CONTRACT OF EMPLOYMENT – Implied term/variation/construction of term
PRACTICE AND PROCEDURE – New evidence on appeal
The Respondent Employee resigned, giving 4 weeks’ notice and claimed pay during that period. The claim was made on the basis of resignation not dismissal. The ET awarded 4 weeks’ notice pay. The Employer appealed on grounds including that upon receipt of the resignation it had immediately waived the requirement of notice, thereby terminating the contract and reducing any award to the notice period (1 week) which applied to termination by the Employer. The EAT dismissed the appeal, holding that the Employer had merely waived the Employee’s obligation to work and that the contract continued.
The Employee’s claim for commission depended on construction of the meaning of the word ‘images’ in the contract. The ET rejected the Employer’s interpretation. The Employer appealed on grounds that the conclusion was perverse and/or that fresh evidence should be admitted. The EAT rejected both arguments. As to fresh evidence, the first requirement of Ladd v Marshall was not satisfied.
Citations:
[2018] UKEAT 0149 – 17 – 0202
Links:
Jurisdiction:
England and Wales
Employment
Updated: 22 April 2022; Ref: scu.616875