What happens where an employer thinks an employee has resigned but they haven’t? This is one of a trio of cases covered in this week’s NLJ employment law brief by Ian Smith, barrister, emeritus professor of employment law at the Norwich Law School, UEA.
Smith writes that this particular judgment ‘gives guidance for the first time on cases where the employer has terminated the employment in the genuine but mistaken belief that the employee has in fact resigned. This last one is of particular interest on its facts, showing how easily major confusion can arise on such a termination, as to who did or said what’.
Smith also covers caselaw on the implications of inaccuracies in an individual’s application form, and the circumstances in which an employment tribunal should investigate a point off its own bat, even if not raised by a party.
Issue:
8108
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Categories:
Legal News
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Employment
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Tribunals
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Discrimination
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Disciplinary&grievance procedures
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