EAT CONTRACT OF EMPLOYMENT – Wrongful dismissal
UNFAIR DISMISSAL – Constructive dismissal
Argument that employer failed to tell Second Claimant, who together with the First Claimant shared work duties for the Respondent employer by private arrangement between the Claimants, that it was accepting his repudiatory conduct (not turning up for work, ever again, though asked to do so) and has therefore never terminated his contract, and that an unfair dismissal claim first made some 15 months later by him and some 9 months later by her was thus within time, was rejected as wholly without merit. Although the date of termination for the purposes of statutory rights may be different from the contractually determined date of termination of the contract of employment, the passage of time and circumstances were such that the Claimants must have been aware they were no longer employed.
Citations:
[2010] UKEAT 0263 – 10 – 0212
Links:
Employment
Updated: 01 September 2022; Ref: scu.428727