Notice to terminate employment

The Court of Appeal has confirmed that an employer's unambiguous notice of termination can rarely be withdrawn. An employee will be able to take the notice at face value, unless the employer can show that it did not intend to terminate the contract. The decision highlights the serious consequences for employers of proceeding on the basis of a misunderstanding with employees.

The employer, in this case, gave notice to an employee based on the false premise that they were in agreement about the terms of a new agency contract, under which the employee would switch from employment to self-employment. The employee rejected the employer's attempt to retract its notice and restore her employment when it learned that she was unwilling to accept the new contract, and claimed wrongful and unfair dismissal.

This checklist sets out the steps a business should follow if it is considering dismissing an employee.

For further information, please contact our Employment Law Team.

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