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When was the Resignation?

05 July 2010 #Employment


Can a resignation be effective from the date when a conditional letter of resignation is handed in?

The EAT held in the case of Heaven v Whitbread Group that the circumstances of the case and what occurred between the parties had to be looked at to establish the date of termination in a conditional resignation claim.  The employee in this case claimed that his resignation should be effective from the date of his conditional letter. 

However, the statutory date of termination is effective from the date that an employee confirms their intention to resign.  The parties` subsequent agreement as to a different date was irrelevant.

Clarkslegal, specialist Employment lawyers in London, Reading and throughout the Thames Valley.
For further information about this or any other Employment matter please contact Clarkslegal's employment team by email at employmentunit@clarkslegal.com by telephone 020 7539 8000 (London office), 0118 958 5321 (Reading office) or by completing the form on this page.

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