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.