Voluntary unemployment – claimant giving notice of resignation but employer requiring her to leave immediately – whether claimant ‘voluntarily left … employment without just cause’
The claimant gave her employer four weeks notice on 9 December 1992. On 10 December 1992 the employer informed her that he wished her to leave the next day, 11 December 1992. The adjudication officer decided that the claimant was to be disqualified for receiving unemployment benefit for eight weeks on the ground that she had voluntary left her employment without just cause. The social security appeal tribunal upheld that decision. The claimant appealed to a social security Commissioner.
Held that:
when the claimant gave notice to leave she thereby terminated her employment and this amounted to a voluntary leaving by the claimant. This was not altered by her employer’s subsequent action, whether that was to be construed as not requiring her to work out her notice or as a counter-notice. However, the employer’s action was highly relevant in deciding the length of the disqualification in this case was one week.
Citations:
[1995] UKSSCSC CU – 151 – 1993
Links:
Jurisdiction:
England and Wales
Benefits
Updated: 15 July 2022; Ref: scu.268928